Social Media + Employees = Hot Mess
#BigIdeas2020: NLRB’s Actions Impact Employers in 2020 - Employment Law This Week® - Trending News
On November 13, 2023, in USA ex rel, Morgan-Lee, et al. v. The Whittier Health Network, LLC, et al., a Massachusetts federal district judge concluded that although the plaintiff engaged in protected activity when she raised...more
Two important principles under the National Labor Relations Act are worth reiterating to construction employers: first, employees cannot be disciplined for engaging in activity protected by that Act; and, second, employers...more
What happens when an employee starts yelling at the boss, makes profane social media posts about work, or engages in other “abusive conduct?” In many cases, employers can follow their own policy and impose discipline if...more
Last week, the National Labor Relations Board’s (NLRB) game of legal tennis continued when it reversed another Trump-era decision involving when employers can take disciplinary action against employees who lose their cool...more
On Monday May 1, 2023, the NLRB issued a decision that makes it more difficult for employers to discipline or terminate employees who have engaged in "abusive conduct." This decision, Lion Elastomers LLC II, overturns the...more
That an employee may have engaged in protected activity under The Sarbanes-Oxley Act (“SOX”) does not render their employer unable to address the employee’s subsequent misconduct or other inappropriate behavior. Employers...more
What is “cancel culture”? During the last few years, there has been a groundswell of cultural movements seeking to rectify transgressions against traditionally marginalized groups, including women, Black people, members of...more
Seyfarth Synopsis: Managing employees engaged in potentially protected activity can be tricky when disciplinary and other normal employment actions might be misconstrued as unlawful retaliation. A recent decision from the...more
In a critical reversal of Board precedent, the NLRB just unanimously held that employees engaging in abusive conduct in the course of protected concerted activities are not automatically shielded from discipline under the...more
Seyfarth Synopsis: When an employee violates company rules or policies, a company is within its rights to respond with appropriate corrective action. How to respond, however, can become complicated when an employee engages in...more
I like watching baseball. Few things in life beat going to a weekday day game during the summer at Oracle Park (or even the Oakland Coliseum). Yet sadly, due to the coronavirus/COVID-19 outbreak, Major League Baseball has...more
It is never good to put off dealing with a problem employee. Whether it is misconduct, poor performance, or simply an attitude that impairs your team’s ability to work together well, the time to act is now. Waiting to act...more
On November 15, 2018, the United States Fourth Circuit Court of Appeals affirmed the decision of the Middle District of North Carolina in the case of Netter v. Barnes, et al, upholding dismissal of Netter’s case because her...more
The ARB recently affirmed a motion for summary decision against a Complainant claiming retaliatory discharge under SOX, finding that he failed to demonstrate that he engaged in protected activity and that the Company would...more
FMLA abuse is an increasing problem oftentimes leaving employers searching for options. However, the Fourth Circuit Court of Appeals gave employers a win in Sharif v. United Airlines, Inc., when it affirmed an employer’s...more