News & Analysis as of

Termination Hiring & Firing Administrative Law Judge (ALJ)

Jackson Lewis P.C.

NLRB ALJ Reinforces Protection For Concerted Activity In Camp Counselor’s Termination

Jackson Lewis P.C. on

On March 25, 2020, a National Labor Relations Board Administrative Law Judge (“ALJ”) emphasized the broad reach of Section 7 of the National Labor Relations Act (“Act”) in non-union settings. Ground Zero Foundation d/b/a...more

Proskauer - Labor Relations Update

NLRB: Outsized Payment to Union Supporter to Waive Reinstatement in Board Settlement Not Unlawful Bribe

Shamrock Foods Company, 369 N.L.R.B. No. 5 (January 7, 2020) is the latest in the National Labor Relations Board’s series of employer-friendly decisions. In Shamrock Foods, the Board held that an employer did not violate...more

Littler

NLRB Returns to Time-Honored Standard for Post-Arbitral Deferral

Littler on

The National Labor Relations Board recently overturned a decision issued in 2014 and returned to its time-honored standard for post-arbitral deferral in unfair labor practice cases alleging discipline or discharge in...more

Littler

Canada: Alberta Court of Appeal Reminds Adjudicators to take a Modern Approach to Sexual Misconduct in the Workplace

Littler on

Two years after the #MeToo Movement made the prevalence of sexual harassment and sexual assault in the workplace known worldwide, the Alberta Court of Appeal in Calgary (City) v. Canadian Union of Public Employees Local 37,...more

Jackson Lewis P.C.

Labor Board: Employee Conduct In Response To Employer’s Unlawful Actions Not Grounds For Discharge

Jackson Lewis P.C. on

An employer violated the National Labor Relations Act (NLRA) when it discharged an employee who refused to participate in a performance evaluation scheduled for discriminatory reasons, the National Labor Relations Board...more

Proskauer - Labor Relations Update

Unanimous NLRB: Context Matters – Asking Employee Whether He Saw Union Organizer Not Unlawful Interrogation

How the NLRB treats employer statements made to employees in the context of union organizing or other protected activity has been a frequent topic of discussion. While the actual case law analyzing the coerciveness of an...more

Jackson Lewis P.C.

Weingarten Rights Not Violated; Employee Lawfully Terminated For Refusal To Take Drug/Alcohol Test

Jackson Lewis P.C. on

An employee’s Weingarten rights have limits, especially as to drug and alcohol testing, where time is often of the essence, an NLRB Administrative Law Judge has held. Fred Meyer Stores, Inc., No. 19-CA-206136 (July 2, 2018)....more

Fisher Phillips

“Personal” Pizza: Employee’s Individual Gripe Not Protected Under The NLRA

Fisher Phillips on

A recent decision by a National Labor Relations Board Administrative Law Judge has re-affirmed that “personal gripes” made by employees are unprotected by federal labor law. This decision comes from the NLRB’s regional office...more

Sheppard Mullin Richter & Hampton LLP

Considering Offering Severance Pay in Exchange for Certain Post-Employment Obligations? Think Again.

An employer violated employee’s labor rights by offering her a separation agreement that contained unlawful terms ruled a National Labor Relations Board (“NLRB”) administrative law judge (“ALJ”) in Baylor Univ. Med. Ctr.,...more

Proskauer - Labor Relations Update

The Devil Is In the Details: New Board Members Likely To Change Law In Nuanced Ways

The end of September in most years sees a spate of new NLRB decisions, sometimes dozens, issued on or about September 30, to coincide with the end of the agency’s fiscal year. Not so this past September 30 because of the...more

Manatt, Phelps & Phillips, LLP

Employment Law - May 2017 #2

One Day of Rest Mandated by California Supreme Court - Why it matters - Resolving a contentious issue of California law, the state’s highest court ruled that one day of rest is guaranteed for each defined workweek,...more

Proskauer - Labor Relations Update

Employer’s Interview Of Employees During Defense Of Unfair Labor Practice Violates Act, NLRB Rules

We already know that when it comes to the NLRB there already are several actions an employer can take that violate the NLRA, even though such actions would be perfectly acceptable under any other employment law. And...more

Littler

NLRB Signs Off On Narrow Confidentiality Provision for Employee Reinstatement Agreements

Littler on

In the recent case of S. Freeman & Sons, Inc., the National Labor Relations Board confronted the question of “whether an employer can require an employee to keep confidential the terms of a settlement agreement in exchange...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Considers Radical Changes to Decades-Long Precedent on Deferral to Arbitration

In yet another attempt to expand protection for employees under Section 7 of the National Labor Relations Act, the National Labor Relations Board (NLRB) is considering a new standard for deferral to labor arbitration that, if...more

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