Seyfarth Synopsis: Last week, the NLRB held in a 2-1 decision that an employer’s rules restricting certain types of employee communications on social media were lawful under the NLRA. However, the Board panel was sharply...more
With the possibility of a COVID-19 vaccine on the horizon, many employers are starting to ask themselves how they’re going to handle this eventuality. Below are ten considerations for employers to keep in mind from the...more
10/8/2020
/ Americans with Disabilities Act (ADA) ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
OSHA ,
Protected Concerted Activity ,
Reasonable Accommodation ,
Vaccinations ,
Workplace Safety
Seyfarth Synopsis: The COVID-19 crisis is creating fertile ground for union organizing efforts, and labor unions are aiming to capitalize on this. Non-union employers should be attuned to this reality, and to the extent they...more
Seyfarth Synopsis: On January 22, 2019, in Maderazo v. VHS San Antonio Partners, L.P., C.A. No. 06-CV-535, a case alleging that hospitals in San Antonio conspired to suppress nurses’ wages that had been pending for nearly 13...more
1/30/2019
/ Antitrust Litigation ,
Antitrust Provisions ,
Antitrust Violations ,
Class Action ,
Class Certification ,
Conspiracies ,
Employer Liability Issues ,
Healthcare ,
Nurses ,
Wage and Hour ,
Wage-Fixing ,
Wages
Seyfarth Synopsis: At the recent American Bar Association’s Antitrust in Healthcare conference, the Department of Justice (“DOJ”) reportedly advised that it has open criminal investigations into agreements among healthcare...more
6/1/2018
/ Antitrust Provisions ,
Antitrust Violations ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Healthcare ,
Hiring & Firing ,
Information Sharing ,
No-Poaching ,
Wage and Hour ,
Wage-Fixing
Seyfarth Synopsis: NLRB affirms ALJ’s ruling finding that a cocktail bar waitress was illegally fired for voicing workplace concerns during a staff meeting....more
5/3/2018
/ Administrative Law Judge (ALJ) ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Labor Law Violations ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Retaliation ,
Statement of Opinion ,
Wrongful Termination
Seyfarth Synopsis: There are currently pending at least four class actions claiming that provisions contained in franchise agreements prohibiting the hiring of employees of other intrabrand franchisees without the consent of...more
4/13/2018
/ Antitrust Provisions ,
Antitrust Violations ,
Class Action ,
Employer Liability Issues ,
Franchise Agreements ,
Hiring & Firing ,
Joint Employers ,
No-Hire/No-Solicitation Agreements ,
Pending Litigation ,
Pizza Hut ,
Sherman Act ,
Single Entity Rule
Seyfarth Synopsis: True to his word, the Assistant Attorney General for the Antitrust Division of the U.S. Department of Justice has announced the first of a number of anticipated no-poach enforcement actions. ...more
Seyfarth Synopsis: On February 1, 2018, the U.S. District Court for the Middle District of North Carolina entered an order granting in part, and denying in part, the plaintiff’s motion for class certification in a no-hire...more
2/14/2018
/ Antitrust Litigation ,
Antitrust Provisions ,
Antitrust Violations ,
Class Action ,
Class Certification ,
Corporate Counsel ,
Educational Institutions ,
Employer Liability Issues ,
Faculty ,
FRCP 23(b)(3) ,
Hiring & Firing ,
No-Hire/No-Solicitation Agreements ,
Predominance Requirement
Seyfarth Synopsis: Although many employers may think they can let their guard down a little bit when it comes to the NLRB under the Trump Administration, history suggests otherwise. During the last Republican Administration,...more
Seyfarth Synopsis: Criminal prosecution of “no-poaching/no-hire” agreements appears imminent. Employers should investigate their hiring and compensation practices to ensure compliance with recent antitrust pronouncements....more
Seyfarth Synopsis: According to the EEOC in this just filed lawsuit, a home care services provider in North Carolina violated federal disability rights law when it rejected telecommuting requests from an employee whose asthma...more
Seyfarth Synopsis: NLRB rules that the operators of the Detroit Masonic Temple unlawfully refused to bargain with a union that represented various engineers and maintenance workers at the temple, even though none of the...more
After the NLRB’s expedited election rules went into effect last April, the extent to which an employer faced with a union representation petition must search for and provide voters’ personal email addresses and cell phone...more
10/20/2015
/ Cell Phones ,
Contacts List ,
Corporate Counsel ,
Databases ,
Email ,
Employer Liability Issues ,
Good Faith ,
Hospitals ,
Human Resources Professionals ,
NLRB ,
Quickie Election Rules ,
Union Elections ,
Unions
We previously blogged about the NLRB’s relatively shocking September 2012 decision in Finley Hospital (359 NLRB No. 9), in which the Board held that an employer was required to continue providing wage increases after the...more