News & Analysis as of

Unfair Labor Practices Hiring & Firing

Case Demonstrates Perils Of Refusing To Discuss Issues With Union

A significant change in NLRB precedent during the last few years was the added requirement that an employer bargain over discretionary aspects of discipline in the period between the union acquiring representational rights...more

Labor Board Finds Employer Guilty Of “Textual Harassment” - Manager’s Text Message During Union Campaign Deemed Unlawful...

by Fisher Phillips on

In what appears to be a first-of-its kind decision, the National Labor Relations Board recently determined that an employer committed an unfair labor practice when one of its managers asked a pointed question via text message...more

Overhaul of Alberta’s Workplace Laws Now Underway

Significant changes to Alberta’s workplace laws are coming. On May 24, 2017, the Alberta government introduced Bill 17, the Fair and Family-friendly Workplaces Act (Bill 17), which proposes the biggest changes to Alberta’s...more

NLRB Settlements Can Be Tricky, Especially If You Don’t Inform The Agency

The last few decisions issued by the NLRB have addressed a wide spectrum of rather unique situations. Just in the last several days we saw decisions involving a combative registered nurse and a human resources representative...more

Wal-Mart Stores, Inc. v. National Labor Relations Board

Amicus Brief in Support of Wal-Mart Stores, Inc.

by Restaurant Law Center on

Summary of position of amicus: “While employees have the right to withhold their labor, they do not have the right to occupy the workplace and prevent customers from enjoying an atmosphere that is free from disruption and...more

Union Adherent’s Antics Not Protected By Act, NLRB Rules

The NLRB recently issued a rare decision completely dismissing all allegations against an employer; rarer still because it was unanimous. In Brooke Glen Behavioral Hospital, 365 NLRB No. 79 (May 15, 2017) the NLRB was...more

MEA's 30 Day Window for Opt-Out Violates PERA

by Clark Hill PLC on

On May 2, 2017, the Michigan Court of Appeals affirmed a unanimous ruling by the Michigan Employment Relations Commission ("MERC") that the Michigan Education Association ("MEA") committed an unfair labor practice and...more

F-Word Facebook Firing Flipped By Federal Court

by Fisher Phillips on

In a ruling that could leave employers fuming and possibly cursing, a federal appellate court ruled that an employee who used a public Facebook page to curse out not just his boss, but also his boss’s mother and entire...more

March Vastness: Blanket Policies on Employee Salary and Discipline Disclosures Unlawful Says D.C. Circuit Court

This past week, the D.C. Circuit Court of Appeals issued an important decision addressing two on-the-bubble workplace confidentiality policies – one which made the cut, while the other one made its way over to the legal...more

Clues and Cases from Alexander Acosta’s NLRB Tenure

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A review and analysis of select NLRB cases decided by President Trump’s new appointee as Secretary of Labor and former NLRB Member Alexander Acosta. ...more

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

NLRB Finds Employer Did Not Need to Provide a Union Representative During a Police Interrogation During Which Management Was...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The NLRB held that American Medical Response of Southern California (“AMR”) did not violate an employee’s rights during a police investigation of an EMT’s gun violence threat by not providing the EMT with a...more

D.C. Fair Credit in Employment Amendment Act Sent To Mayor For Approval

On December 20, 2016, the District of Columbia Council passed the Fair Credit in Employment Amendment Act of 2016 (B21-0244) (the “Act”) which, if enacted, would amend the D.C. Human Rights Act of 1977 to prohibit employers...more

Website Sorts Worker Complaints

by Sherman & Howard L.L.C. on

The administration is beta-testing a new on-line tool at http://worker.gov. The site lets the user select on a job title (from a slowly expanding list) and then click to a menu of various violations of labor and employment...more

Employer Claims Of Unprofitability And Competitive Disadvantage Enough To Trigger Audit Of Financials By Union, NLRB Majority...

The end of another NLRB fiscal year is upon us.  Today, September 30, marks the last date of the fiscal year.  We can expect to see a number of decisions issue from the Board, and many determinations made at the regional...more

Bring in the TV Cameras: NLRB and D.C. Circuit Find Employees Airing Grievance in Media is Protected Activity

An employee goes on television and maligns his bosses for a new company policy with half-truths—and his bosses fire him for disloyalty. Sounds justified, right? Wrong. A National Labor Relations Board (NLRB) decision...more

NLRB Signs Off On Narrow Confidentiality Provision for Employee Reinstatement Agreements

by 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

NLRB Scrutinizes Employer Motivation in Hiring Replacement Workers During Strike

by Littler on

Denying a motion for reconsideration, the National Labor Relations Board recently affirmed its decision in American Baptist Homes of the West d/b/a Piedmont Gardens, addressing the relevance of an employer’s motive in hiring...more

August 2016 Independent Contractor Misclassification and Compliance News Update

by Pepper Hamilton LLP on

This month’s news update includes three initiatives by the U.S. Department of Labor to combat IC misclassification. The first was the issuance of a new page on the DOL website called “Misclassification Mythbusters.” We...more

Tilting the Battlefield: NLRB Makes It Easier For Unions To Challenge Use Of Permanent Replacements

by Hinshaw & Culbertson LLP on

The National Labor Relations Board (“Board”) recently denied review of its ruling in American Baptist Homes. That ruling upended the decades-old bright line test that an “independent unlawful purpose” is established only when...more

Fines for I-9 and Other Immigration Violations Have Increased as of August 1, 2016

by Littler on

The U.S. Departments of Homeland Security (DHS), Labor (DOL) and Justice (DOJ) have increased the civil fines for employers that commit immigration-related offenses, such as unfair employment or discrimination practices, H-1B...more

The Writing is on the Wall, Yet Seventh Circuit Holds Sexual Orientation Is Not a Protected Class Under Title VII

by Hinshaw & Culbertson LLP on

Earlier this week, the Seventh Circuit Court of Appeals held in Hively v. Ivy Tech Community College that Title VII does not protect employees or offer redress for discrimination based on sexual orientation. As a result,...more

DOJ to Increase Fines for Immigration-Related Violations

by Seyfarth Shaw LLP on

Seyfarth Synopsis: New regulations will increase fines on U.S. employers for unlawfully employing foreign nationals and engaging in unfair employment practices related to immigration. In the wake of the Bipartisan...more

Class and Collective Action Waivers Lawful under NLRA, Eighth Circuit Finds, Contrary to Seventh Circuit

by Jackson Lewis P.C. on

The National Labor Relations Board erred in determining that a company violated the National Labor Relations Act by maintaining and enforcing a mandatory arbitration agreement which prohibited employees from bringing or...more

Fifth Circuit (Again) Reverses NLRB and Finds Class Action Waivers in Arbitration Agreements Do Not Violate the NLRA

The battle between the NLRB and the Fifth Circuit rages on, as the Fifth Circuit again ruled that employers do not violate the National Labor Relations Act when they require employees to sign arbitration agreements containing...more

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