I hope this won't ruin your Labor Day weekend.
The employer-unfriendly decisions from the National Labor Relations Board have been coming fast and furious. In honor of the holiday, here's a short recap.
As you probably...more
9/1/2023
/ Bargaining Units ,
Chilling Effect ,
Compensatory Damages ,
Confidentiality Agreements ,
Emotional Distress Damages ,
Employee Handbooks ,
Labor Relations ,
NLRA ,
NLRB ,
Non-Disclosure Agreement ,
Pecuniary Losses ,
Protected Concerted Activity ,
Quickie Election Rules ,
Separation Agreement ,
Unfair Labor Practices ,
Union Elections ,
Unions ,
Wage and Hour
Bad news, but at least employers know where they stand.
Does your settlement or separation agreement contain non-disparagement or strict confidentiality provisions?
If so, it may not be worth the paper it's printed on....more
3/24/2023
/ Chamber of Commerce ,
Confidentiality Agreements ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Disparagement Provisions ,
Protected Concerted Activity ,
Separation Agreement ,
Settlement Agreements ,
Supervisors ,
Wage and Hour
Two cents from an employment lawyer.
My colleague David Phippen wrote an excellent bulletin about this week's McLaren Macomb decision from the National Labor Relations Board, in which the Board ruled that offering...more
2/24/2023
/ Confidentiality Agreements ,
Employee Rights ,
NLRA ,
NLRB ,
Non-Disparagement Provisions ,
Protected Activity ,
Section 7 ,
Separation Agreement ,
Severance Agreements ,
Severance Pay ,
Unfair Labor Practices
Non-union employers, this goes for you, too!
An employee's use of bad language doesn't necessarily mean that the employer can take action against him. Even if the language arguably violates the employer's no-harassment...more
8/12/2022
/ Anti-Harassment Policies ,
Discipline ,
NLRA ,
NLRB ,
Offensive Language ,
Over-Time ,
Protected Concerted Activity ,
Sexual Harassment ,
Social Media ,
Unfair Labor Practices ,
Unions ,
Voluntary Participation ,
Wrongful Termination
I still think an emoji would have helped.
A couple of years ago, I posted about a decision from an administrative law judge who found that Ben Domenech, co-founder and Executive Officer of FDRLST Media, LLC, and publisher...more
Here's what's been going on this week.
Some noteworthy labor and employment developments from the past week, in no particular order:
Court rules against Christian teacher who wouldn't use kids' names, preferred...more
7/16/2021
/ Americans with Disabilities Act (ADA) ,
Equal Employment Opportunity Commission (EEOC) ,
First Amendment ,
Gender Identity ,
Hostile Environment ,
LGBTQ ,
Ministerial Exception ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Religious Accommodation ,
Religious Schools ,
Sex Discrimination ,
Sexual Harassment ,
Title VII
President Joe Biden issued an Executive Order on Monday establishing a task force whose stated purpose will be to recommend ways that existing laws and policies may be used to promote “worker power” -- in other words,...more
And that's not all!
Nail in the coffin for Trump Order on "divisive" training. In January, President Biden signed an Executive Order that revoked Trump Executive Order 13950. As Cara Crotty has written, the Trump E.O....more
3/5/2021
/ Coronavirus/COVID-19 ,
Delays ,
Department of Labor (DOL) ,
Diversity ,
Employee Training ,
Executive Orders ,
Federal Contractors ,
Independent Contractors ,
Infectious Diseases ,
Inspector General ,
Joe Biden ,
NLRB ,
NLRB General Counsel ,
Occupational Exposure ,
OIG ,
OSHA ,
Subcontractors ,
Trump Administration ,
Wage and Hour
The latest.
President Joe Biden has nominated Jennifer Abruzzo, special counsel with the Communication Workers of America union, to be General Counsel of the National Labor Relations Board. This is the position that was...more
And more!
It's been another busy week at Chez Biden. I will dive right in.
NLRB Acting General Counsel Peter Ohr withdraws 12 memos by former GC Peter Robb. Of course, the withdrawn General Counsel memoranda were relatively...more
Tougher EEOC and OFCCP, a legal challenge at NLRB, and more.
NOTE FROM ROBIN: In this limited-edition "Biden Time" series, I provide regular updates on the new President's appointments and other actions that will be of...more
1/29/2021
/ Biden Administration ,
Cause Determination Finding ,
Conciliation ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Independent Contractors ,
Mediation ,
NLRB ,
NLRB General Counsel ,
OFCCP ,
Opinion Letter ,
Race Discrimination ,
Tip-Pooling ,
Unfair Labor Practices ,
Videoconference ,
Wage and Hour
He's not letting the grass grow under his feet.
NOTE FROM ROBIN: When President Trump took office in 2016, I had a series of "Trumpdates," in which I provided regular updates on appointments and other actions he was taking...more
Predictions from our attorneys in the practice areas that affect employers.
NOTE FROM ROBIN: The following went out as a legal bulletin on Thursday. I'm reproducing it here for those of you who do not subscribe to our...more
12/18/2020
/ Affirmative Action ,
Biden Administration ,
Compliance ,
Congressional Review Act ,
Data Privacy ,
Department of Labor (DOL) ,
Electoral College ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
H-1B ,
Immigration ,
Multistate Employers ,
NLRA ,
NLRB ,
OFCCP ,
OSHA ,
Presidential Elections ,
Race Discrimination ,
Religious Exemption ,
Sexual Stereotyping ,
Title VII ,
Trump Administration ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) ,
Wage and Hour
It's official! (Well, close enough.)
This evening, the Electoral College confirmed Joseph R. Biden as winner of the 2020 Presidential election. Congress will not do an official count of the electoral votes until January 6,...more
12/15/2020
/ Discrimination ,
Electoral College ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Harassment ,
Joe Biden ,
NLRB ,
OSHA ,
Personal Protective Equipment ,
Wage and Hour ,
Workplace Safety
The times, they are a-changin'.
My colleague Frank Shuster pointed out earlier this week that a Biden Administration is likely to be very pro-employee and aggressive in enforcing federal labor and employment laws --...more
This information could come in handy for employers.
The National Labor Relations Board has made public three Advice letters dealing with the two hottest topics of our times: Political activism, and COVID-19. In each case, a...more
9/18/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Duty to Bargain ,
NLRA ,
NLRB ,
Political Expression ,
Right to Peaceful Assembly ,
State Labor Laws ,
Title VII ,
UFCW ,
Unions ,
Wage and Hour
Only YOU can prevent a social media firestorm.
My Facebook page is a snooze. Two members of my immediate family do not want their existence to be acknowledged on the internet. I almost never post anything, except to wish...more
But no word on when the votes will take place.
The five-member Equal Employment Opportunity Commission currently has two vacancies, with a third on the way as the term of Victoria Lipnic (R) expires. Ms. Lipnic has...more
Some are old, and some are new. Some are "red," and some are "blue."
President Trump has announced his nominations for three seats on the U.S. Equal Employment Opportunity Commission and two seats on the National Labor...more
2019 ends with a bang.
Even apart from that big political event that begins with the "I" word, and those two major holidays that are imminent, there have been some very weird employment-related news items this week. Have you...more
The new deadlines are January 9 and January 23.
In August, the National Labor Relations Board issued proposed rules on union election procedures, which David Phippen covered. Yesterday, the Board announced that it was...more
A change may be coming.
The "N" word. Referring to women in pornographic terms. Ethnic slurs.
This is "harassment" under almost all company policies, and it can violate the law, as well. At least one federal appeals court...more
It's spring, and a young person's fancy turns to . . .
. . . why, the federal regulatory agenda! What else?
Here are the items that I think will be of most interest to our readers....more
With maybe some relief for employers.
This week, the General Counsel of the National Labor Relations Board publicly released some advice memoranda that indicate better times for employers and possibly tougher times for...more
But it ain't over yet.
The Senate Health, Education, Labor and Welfare Committee has voted along party lines to advance some key nominees of President Trump to a full Senate vote....more