The National Labor Relations Board issued yet another Starbucks decision this past week. Again, the Board upheld an administrative law judge’s opinion that Starbucks violated the National Labor Relations Act during a union’s...more
A National Labor Relations Board administrative law judge in San Francisco recently ruled that Amazon CEO Andy Jassy violated the National Labor Relations Act when he commented on labor unions through several media outlets....more
As we have been blogging during the Biden presidency, the National Labor Relations Board has become quite aggressive these days. The aggression toward employers has been shown in the types of conduct the Board finds to be...more
What do you do when you have a safety incident on a job? Are you prepared? This article will focus on some things to consider if you have a safety incident.
Assistance -
The No. 1 priority should be to safely assist...more
“Excessive.” “Feels Like.” “Heat Dome.” All of these words and phrases come up in almost every conversation these days. With another summer of record heat upon us, OSHA continues to move forward with a proposed heat standard....more
The National Labor Relations Board in 2023 has continued on its pro-union path in all areas of traditional labor law. Many of the NLRB’s actions are the result of the ongoing advice memos which are being issued by General...more
8/4/2023
/ Collective Bargaining ,
Department of Labor (DOL) ,
Employer Liability Issues ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Policies and Procedures ,
Protected Concerted Activity ,
Union Membership ,
Union Organizers ,
Unions
Employers sometimes face difficult decisions after learning of an employee’s disability. What if you learn of a disability after ongoing repeated employment deficiencies or even after a disciplinary or discharge decision...more
2/21/2023
/ Absenteeism ,
Americans with Disabilities Act (ADA) ,
Appeals ,
Corporate Counsel ,
Disability Discrimination ,
Disclosure Requirements ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Failure to Accommodate ,
Failure to Notify ,
Hiring & Firing ,
Termination
A ruling of the National Labor Relations Board in favor of an employee fired for using vulgar language on a company bulletin board was affirmed in August by the U.S. Court of Appeals for the District of Columbia...more
9/22/2022
/ Adverse Employment Action ,
Discipline ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
NLRA ,
NLRB ,
Offensive Language ,
Over-Time ,
Protected Concerted Activity ,
Protests ,
Remand ,
Unfair Labor Practices ,
Unions
An employee writes “whore board” on a company bulletin board — you can fire him, right? Not according to the NLRB and now the federal D.C. Circuit Court of Appeals. In Constellium Rolled Products v. NLRB, the employer’s...more
The Department of Labor (DOL) recently proposed new federal regulations regarding how minimum wages will be calculated for federal construction projects. DOL’s new proposal will add to the cost of performing these projects....more
Employers take note — there is a new NLRB general counsel in town, Jennifer Abruzzo, and she intends to make some changes. Specifically, she issued a recent memo that proposes change to long-standing law about what are called...more
Law and Practice Chambers -
The 2020 Chambers US Regional Employment Guide features guidance on employment law across 14 states and includes a unique state comparison tool for readers. The guide provides expert legal...more
10/29/2021
/ Alabama ,
Black Lives Matter ,
Compensation & Benefits ,
Coronavirus/COVID-19 ,
Discrimination ,
Dispute Resolution ,
Employer Liability Issues ,
Employer Mandates ,
Gig Economy ,
Harassment ,
Health and Safety ,
Immigration ,
Interviews ,
NLRB ,
OSHA ,
Privacy Laws ,
Public Health Emergency ,
Restrictive Covenants ,
Retaliation ,
Sexual Harassment ,
State and Local Government ,
Technology ,
Termination ,
Unions ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
As we reported here, President Biden issued his “Path out of the Pandemic” memorandum on September 9, 2021. Part of that memorandum directed the Occupational Safety and Health Administration (OSHA) to develop a rule to...more
10/29/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Healthcare Workers ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
President Biden issued a new lengthy executive order (EO) on July 9, 2021, aimed at promoting competition in the United States. While that sounds great, everyone needs to keep in mind that this new EO also is aimed at...more
President Biden issued his executive order on “Worker Organizing and Empowerment” on April 26, 2021. In it, he stated that “it is the policy of my Administration to encourage worker organizing and collective bargaining.” In...more
You’ve attended the webinars on navigating COVID-19. You’ve read the trade publication tips. You have implemented measures to protect your workers. So, you’re ahead of the game, right? Well, you’re certainly ahead of the...more
2/10/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Reasonable Accommodation ,
Reporting Requirements ,
State and Local Government ,
Title VII ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Bradley attorneys have partnered with Lexology to draft the Getting the Deal Through Employment chapter for Alabama.
This guide covers a state snapshot, the employment relationship, hiring, wage and hour, discrimination,...more
11/10/2020
/ Age Discrimination ,
Employees ,
Employment Contract ,
Employment Discrimination ,
Employment Litigation ,
Equal Pay ,
Gun Laws ,
Immigration ,
Independent Contractors ,
Misclassification ,
Restrictive Covenants ,
State and Local Government ,
Unions ,
Wiretapping ,
Workers Compensation Act
Law and Practice -
The 2020 Chambers US Regional Employment Guide features guidance on employment law across 14 states and includes a unique state comparison tool for readers. The guide provides expert legal commentary on...more
10/22/2020
/ Black Lives Matter ,
Coronavirus/COVID-19 ,
Discrimination ,
Employer Liability Issues ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
Gig Economy ,
Harassment ,
Health and Safety ,
Interviews ,
New Guidance ,
NLRB ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Restrictive Covenants ,
Social Distancing ,
State and Local Government ,
Technology Sector ,
Unions ,
Wage and Hour ,
Whistleblowers ,
Workplace Safety
The US Regional Employment 2020 features 14 states. The guide provides expert legal commentary on the impact of COVID-19 on the workplace, the "Black Lives Matter" and "Me Too" movements, unions, the National Labor Relations...more
You’ve been to the webinars about COVID-19. You’ve read the trade publication tips. You’ve implemented measures to protect your workers. You’re ahead of the game, right? Well, you’re certainly ahead of the sheriff who...more
Do you have to report an employee’s positive COVID-19 case to OSHA and will OSHA investigate it? On the reporting front, OSHA’s initial guidance said positive cases were reportable only in specific industries, like...more
On May 19, 2020, OSHA issued an Updated Interim Enforcement Response Plan for Coronavirus Disease to address how the administration intends to handle COVID-19 related complaints, referrals and reports. At the same time, OSHA...more
Antitrust concerns aren’t always at top of mind for human resources professionals. However, the federal antitrust agencies, the Federal Trade Commission and Antitrust Division of the Department of Justice, remind us that...more
Employers long have been required to record and report work-related injuries and illnesses to OSHA. A new question in the pandemic environment is whether you have to record an employee who tests positive for COVID-19...more
On April 10, 2020, the Occupational Safety & Health Administration (OSHA) issued interim guidance for the enforcement of employer reporting requirements arising from COVID-19 illnesses that will remain in effect during the...more