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Unions Hiring & Firing

Employment News - May 2017 #2

by Hogan Lovells on

Wrong answer – applicant should have been allowed an alternative to multiple choice test - The EAT in Government Legal Service v Brookes found that a job applicant with Asperger's had been unlawfully discriminated...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

April 2017: The 13 Biggest Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. April 2017 was another month...more

Court Upholds Reinstatement of Fired Facebook Ranter

Employers, what would you do if an employee made a post on Facebook that referred to his/her supervisor as a “nasty mother***er” and also stated “f**k [the supervisor] and [his/her] entire f***ing family?” It’s a no-brainer...more

Second Circuit Holds NLRB Did Not Err in its Finding that Facebook Posting that Supervisor is a “Nasty Mother F***er” and “F***...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Second Circuit agrees with the Board that the use of profanity in a Facebook post was not “opprobrious enough” to lose the NLRA’s protections and justify the employer’s termination of the employee....more

Second Circuit Holds Termination of Employee Who Attacked Supervisor in Obscene Facebook Post Violates NLRA

The Second Circuit said last week that an employer violated the National Labor Relations Act when it fired an employee who criticized a supervisor on Facebook during an election. The catch here is that the Second Circuit...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

Will The NLRB’s Protection of Unacceptable Conduct Last?

by Akerman LLP - HR Defense on

It’s ironic, isn’t it? While the EEOC could find an employer liable for tolerating racist or sexist remarks by employees, the NLRB has repeatedly found employers liable for failing to do so under the guise of protecting...more

Wage and Hour Changes for NYS Employers, plus a New Form I-9

by White & Case LLP on

Salary Thresholds for Exempt Employees Increased for NY Employers - Although the increase in the minimum salary required for employees to be exempt from overtime pay under federal law has been put on hold by a federal...more

Employment News - February 2017

by Hogan Lovells on

Springing into action – start date for Trade Union Act - The Trade Union Act 2016 will come into force on 1 March 2017. The new rules apply to any industrial action for which the ballot opens (by sending out voting...more

Leveling the Playing Field: Hospital’s Nonunion Hiring Preference Not Discriminatory

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Court of Appeals for the First Circuit reversed the NLRB, holding that the Board lacked substantial evidence to find that the hospital group unfairly preferred nonunion workers when filling nonunion...more

Christmas party incident of sexual harassment leads to dismissal, then reinstatement, of firefighter

by Dentons on

A male firefighter who had been “drinking heavily” has won reinstatement to his job after being fired for sexually harassing a female coworker at the fire department’s Christmas party. The Christmas party was held at a...more

Courts Disagree on Whether Locally Enacted "Right-to-Work" Laws Are Pre-empted by the NLRA - Illinois District Court and Sixth...

by Holland & Knight LLP on

The National Labor Relations Act (NLRA) generally permits private sector employers and unions to agree to include "union security" provisions in their collective bargaining agreements. Union security provisions promote...more

Five Key Issues Impacting Health Care Employers

by Epstein Becker & Green on

Employers in the health care industry are likely to face significant changes under President-elect Donald J. Trump’s administration and should expect a healthy dose of uncertainty for the next few months. During his campaign,...more

Workplace Policy Institute Insider Report - December 2016

by Littler on

Littler's WPI Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The December edition of the Insider Report discusses recent efforts to block...more

Employment Matters – UK - November 2016

by Katten Muchin Rosenman LLP on

Autumn Statement – Employment Issues The Chancellor has issued an autumn statement setting out certain proposed fiscal changes in the UK. One of these is to the Employee Shareholder Status (ESS) regime, which is set to...more

ABCC Law Changes Explained

by K&L Gates LLP on

Originally published in Australian Financial Review on November 23rd, 2016. In the next two weeks the Turnbull government will attempt to negotiate the passage of its industrial relations bills through the Parliament....more

Federal Appeals Court Rules Counties May Enact Right To Work Laws

by Proskauer - Labor Relations on

The term “right to work state” is fairly well known. After all, 25 of the United States are “right to work states,” states which have enacted laws prohibiting compulsory unionism as part of a collective bargaining agreement....more

The Election is Over, Now What?

Now that the election is over, many clients and friends are asking what labor and employment law might look like under the soon to be President Trump. Of course, no one can predict exactly what will happen in the coming term....more

Does the NLRA Protect Racist Insults by Picketing Workers?

by Bass, Berry & Sims PLC on

A case currently under consideration in the Eighth Circuit Court of Appeals deserves watching. The case will determine whether the National Labor Relations Act (NLRA) protects a picketing employee’s right to hurl racist...more

Forget Trump or Clinton—What Else is on the November 8 Ballot?

by Littler on

Next week, Americans will head to the polls to elect their 45th President. Across the nation, voters will also fill 469 congressional seats, including 435 in the House and 34 in the Senate. While these federal races tend to...more

NLRB Issues Numerous Decisions Against Employers as Hirozawa's Term Expires

by Littler on

In the midst of a heated presidential election cycle, employers are following recent decisions of the National Labor Relations Board closely. Before losing its three-member Democratic majority at the expiration of Board...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

NLRB Reaffirms Alan Ritchey Doctrine with New Make-Whole Twist

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Board reaffirmed, prospectively, the Alan Ritchey doctrine requiring employers to bargain over discretionary discipline issued to newly organized employees pre-first contract and mandated prospective...more

Discrimination Class Certified Based On Union’s Job Referral Policies Despite Third-Parties’ Discretion In Hiring

by Seyfarth Shaw LLP on

Seyfarth Synopsis: African American pipefitters filed a class action against their labor union based on its allegedly discriminatory system for referring jobs to union members. Despite the fact that third-party employers...more

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