Abruzzo has been busy. Within the last few months, she has issued two notable memorandums that could have significant impacts on how employers must comply with the National Labor Relations Act (“NLRA”). It is important to...more
6/5/2023
/ Federal Trade Commission (FTC) ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Compete Agreements ,
Policy Memorandums ,
Proposed Rules ,
Proprietary Information ,
Public Comment ,
Restrictive Covenants ,
Section 7 ,
Severance Agreements
What happens when an employee starts yelling at the boss, makes profane social media posts about work, or engages in other “abusive conduct?” In many cases, employers can follow their own policy and impose discipline if...more
Employee reductions and terminations are an unfortunate result of economic downturns. Even during good economic times, many companies face the need to reduce their workforce or terminate the employment of individual...more
3/3/2023
/ Confidentiality Agreements ,
Contract Terms ,
Employer Liability Issues ,
Hiring & Firing ,
NLRA ,
NLRB ,
Non-Disparagement Provisions ,
Release Agreements ,
Section 7 ,
Separation Agreement ,
Severance Agreements ,
Termination
On July 21, 2020, the National Labor Relations Board (NLRB) (once again) modified its standard for determining whether employees have been lawfully disciplined or discharged after making abusive or offensive statements,...more
A recent decision by the National Labor Relations Board (the “NLRB” or “Board”) makes it easier for employers to change workplace rules without discussing the change with the union representing their employees.
As...more
9/13/2019
/ Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Contract Drafting ,
Contract Negotiations ,
Employer Liability Issues ,
Employer Rights ,
Employment Policies ,
NLRA ,
NLRB ,
Terms and Conditions ,
Unilateral Modification ,
Unions
Social media has created a minefield of concerns for both employees and employers. The news is full of stories of employees documenting their questionable off-duty conduct on social media, or posting comments containing...more
11/13/2017
/ Employer Liability Issues ,
Employment Policies ,
Facebook ,
Hate Speech ,
Hiring & Firing ,
NLRB ,
Off-Duty Employees ,
Political Expression ,
Protected Concerted Activity ,
Retaliation ,
Social Networks ,
Termination ,
Twitter
On July 3rd, the 8th Circuit held that disparaging statements made by Jimmy John’s employees in a labor dispute were not entitled to National Labor Relations Act (“NLRA” or “The Act”) protections – because the actions were...more
7/11/2017
/ Corporate Counsel ,
Disparagement ,
Employer Liability Issues ,
Employment Policies ,
Franchises ,
Hiring & Firing ,
Jimmy John's ,
NLRA ,
NLRB ,
Objective Falsity ,
Protected Concerted Activity ,
Section 7 ,
Sick Leave ,
Social Networks ,
Union Elections
In a decision that will affect staffing companies and the employers that use them, the National Labor Relations Board (“NLRB”) has smoothed the path for unions that seek to organize and represent permanent and temporary...more
Question: I am a manager in a medium-sized retailer that has locations and employees in 16 states. The company maintains a social media policy, which was recently updated. ...more
5/25/2016
/ Administrative Law Judge (ALJ) ,
Chipotle Grill ,
Discipline ,
Facebook ,
NLRA ,
NLRB ,
Popular ,
Protected Concerted Activity ,
Section 7 ,
Social Media ,
Social Media Policy ,
Twitter
Employees have increasingly voiced concerns on social media regarding their employment, often including specific statements about their employers. As previously discussed on this blog, an employee’s Facebook post related to...more
3/28/2016
/ Administrative Law Judge (ALJ) ,
Chipotle Grill ,
Facebook ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7 ,
Social Media ,
Twitter ,
Wages ,
Working Conditions
Question: I own a small manufacturing company that employs 25-35 employees, depending on our workload. Over the years, a number of my customers and my employees have “friended” me on Facebook. Last week, I saw that one of...more
A recent ruling of the National Labor Relations Board (“NLRB” or the “Board”) dramatically expands the circumstances in which the Board will hold companies responsible for the labor practices of their staffing agencies,...more
9/3/2015
/ Best Management Practices ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Franchisee ,
Joint Employers ,
NLRA ,
NLRB ,
Right to Control ,
Staffing Agencies ,
Subcontractors ,
Temporary Employees ,
Unions
On March 18, 2015, NLRB General Counsel Richard Griffin published a Report concerning recent case developments arising in the context of employee handbook rules and policies. The thirty-page Report concludes that many...more
When employers hear “NLRB,” they immediately think “union.” This connection is understandable because, at least historically, the main focus of the National Labor Relations Board (the “NLRB”) has been union-related issues....more