News & Analysis as of

Willful Misconduct National Labor Relations Board

Jackson Lewis P.C.

Top Five Labor Law Developments for August 2022

Jackson Lewis P.C. on

1. Compensation in non-union jobs is outpacing compensation in union-represented jobs. A Bureau of Labor and Statistics report indicates the total wage and benefit costs for private-sector nonunionized employers was 3% higher...more

Foley & Lardner LLP

What the NLRB Can Teach You About Documenting Employee Misconduct

Foley & Lardner LLP on

Innocent mistakes are an unfortunate reality in our fast-paced, technology-driven society. But an employer does not have to tolerate an employee doubling down on his mistake by deceiving his employer and actively impeding an...more

FordHarrison

#Fired: Post a Tweet, Lose Your Job

FordHarrison on

Many people enjoy spouting off what they view as 140-character tidbits of wisdom on the social media platform Twitter. But recently several individuals have found themselves in trouble with their employers (read: former...more

Baker Donelson

NLRB Slams Hospital for Maintaining Work Rules Prohibiting Employees From Engaging in "Improper Conduct"

Baker Donelson on

Over the past several years, employers have been bombarded with news about the National Labor Relations Board (NLRB) and its ever expanding control over employers’ internal workplace policies. In fact, just a few years ago,...more

Franczek P.C.

NLRB Administrative Law Judge Rules that Employer Unlawfully Discharged Employee Who Warned Co-Worker of Looming Discharge

Franczek P.C. on

Recently, an Administrative Law Judge (ALJ) with the National Labor Relations Board found that an employer violated the National Labor Relations Act (NLRA) when it discharged an employee for informing a co-worker that the...more

Hinshaw & Culbertson LLP

6th Circuit: Despite Misconduct, Terminating Complaining Employee Still a Problem Under Section 7

Ask any school teacher and they will tell you, the key to maintaining an orderly classroom is identifying the instigator. The "instigator" is the young boy or girl (let’s be honest, usually boy) who does or says something to...more

Sherman & Howard L.L.C.

Court Order Trumps Board

What happens when the NLRB says an arbitration agreement is illegal, but a court enforces the agreement anyway? Four plaintiffs recently found out. In Hobson et al. v. Murphy Oil USA, Inc., No. CV-10-S-1486-S (N. D. Ala. July...more

Holland & Knight LLP

NLRB General Counsel's Recent Report on Work Rules Tracks Areas to Watch - Employers of Union and Non-Union Work Forces Need to Be...

Holland & Knight LLP on

For the last several years, the National Labor Relations Board (NLRB or the "Board") has engaged in a well-publicized expansion of scrutiny for employer work rules and has liberally identified those rules that it believes...more

Sherman & Howard L.L.C.

NLRB Subpoena Benchslap

A Circuit Court has un-tipped the NLRB’s scales in a refusal-to-bargain case. Ozark Auto. Distribs., Inc. v. NLRB, No. 11-1320 (D.C. Cir. February 10, 2015). An employer lost a tight union election and contested the election...more

Faegre Drinker Biddle & Reath LLP

NLRB Finds That Employer Improperly Disciplined Employee Who Obscenely Grabbed His Crotch in Front of Female Co-Worker

On July 3, 2014, the National Labor Relations Board (NLRB) handed down a decision in the case of Consolidated Communications d/b/a Illinois Consolidated Telephone Co. and Local 702, Int'l Brotherhood of Electrical Workers,...more

McNees Wallace & Nurick LLC

NLRB Upholds Discharge for Deliberate Betrayal, Despite Reliance on Unlawful Policy

The National Labor Relations Board recently issued a somewhat surprising decision that provides useful guidance to employers facing employee misconduct. In Flex Frac Logistics, LLC, the Board found that an employee's...more

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