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The Labor Law Insider - NLRB Remedies: “Draconian” Says the Fifth Circuit Court of Appeals in Thryv, Part II [Audio]

Labor Law Insiders Trecia Moore, Megann McManus, and Terry Potter continue their discussion with Labor Law Insider host Tom Godar regarding remedies the National Labor Relations Board is trying to impose for unfair labor...more

The Labor Law Insider - NLRB Remedies: “Draconian” Says the Fifth Circuit Court of Appeals in Thryv [Audio]

Labor Law Insider host Tom Godar engages in a lively discussion with guests Trecia Moore, Megann McManus, and Terry Potter regarding remedies in matters involving unfair labor practice charges. The centerpiece of our...more

The Labor Law Insider: (Scary) Real Life Scenarios – Practical Application, Part II [Audio]

Labor Law Insider host Tom Godar continues his engaging conversation with Insiders Mary-Ann Czak and Terry Potter as they assess the challenges employers face from numerous recent policy reversals offered by the National...more

The Labor Law Insider: (Scary) Real Life Scenarios – Practical Application, Part I [Audio]

Labor Law Insider host Tom Godar challenges his guests, Mary-Ann Czak and Terry Potter, with real-life scenarios gathered from client interactions over the past several months. These scenarios help highlight the fundamental...more

Firearms in the Workplace

In 2021, there was a mass shooting at a high school in Michigan in which four students were killed. As a result of this shooting, not only was the shooter prosecuted, but the parents of the shooter were charged with criminal...more

Employers Beware: The Scope of Responsibility for Workplace Shootings Is Widening

In 2021, there was a mass shooting at a high school in Michigan in which four students were killed. As a result of this shooting, not only was the shooter prosecuted, but the parents of the shooter were charged with criminal...more

NLRB Provides Employees Extra Leeway to Use Offensive Language

On May 1, 2023, the National Labor Relations Board (“NLRB”) issued its decision in Lion Elastomers and United Steelworkers, making it more difficult for employers to discipline employees for outbursts and similar misconduct...more

NLRB Mandates National Dress Code

On August 29, 2022, the NLRB issued its decision in Tesla, Inc., overruling precedent that allowed employers to enforce facially-neutral dress codes to prohibit wearing non-conforming attire, including union insignia and...more

NLRB Decision To Reconsider Johnnie’s Poultry Doctrine Remains Pending

Earlier this spring, in a 3-1 vote, the Board issued a notice and solicited briefs on whether to reconsider Johnnie’s Poultry doctrine (doctrine), which was established in the 1964 Board decision, Johnnie’s Poultry Co. The...more

Funny You Should Ask: Is A Vaccine Mandate Subject Of Bargaining?

1. I have a unionized workforce. Do I need to bargain before mandating that my employees are Covid vaccinated before reporting to work? With the CDC largely ending mask requirements for those who are Covid vaccinated,...more

Protecting Concerted Activity During The COVID-19 Pandemic

Key Points- •Media policies which prohibit employees from communicating with the media must be narrowly tailored to protect legitimate business interests such as protecting confidential information and controlling...more

Chicago's Fair Workweek Ordinance To Impact A Broad Range Of Industry Sectors

Key Points- The City of Chicago passed the most comprehensive predictable scheduling law in the country which applies to industries beyond the service sector, including healthcare and manufacturing....more

NLRB Authorizes Reduction In Use Of Investigative Subpoenas To Expedite Investigations

Memorandum 19-05, issued by the NLRB Division of Operations Management of the Office of the General Counsel in March 2019, gives Regional Directors a new tool to expedite cases when a charged party fails to cooperate with an...more

NLRB Overrules Precedent And Limits Use Of Perfectly Clear Exception In Successorship Law

On April 2, 2019, in a 3-1 decision split along party lines, the Trump administration’s National Labor Relations Board (Board) appointees significantly narrowed the circumstances under which a successor employer will be...more

The NLRB Pumps The Brakes On Union’s Accretion Efforts

Unions commonly utilize clarification petitions to invoke accretion principles and try to bypass election procedures. However, the National Labor Relations Board’s recent decision in Recology Hay Road and Teamsters Local 315...more

Good News For Employers – Resetting The Standard For Protected Concerted Activity Under The National Labor Relations Act

Although the National Labor Relations Act was initially established to assist unions in organizing employees, its scope is much broader as it also protects employees’ rights to engage in “protected concerted activity.” The...more

The Perfect Storm – The NLRB, Healthcare Staffing Issues, And A Letter To The Editor

Those involved in the world of healthcare cannot escape the ongoing debate regarding staffing levels at healthcare facilities. Main Coast Memorial Hospital recently became an unwitting focal point for this discussion....more

Stealing Is Not Protected Activity

After years of stringent oversight, the National labor Relations Board (“NLRB”) is now loosening the reigns over workplace rules. The Office of the General Counsel of the NLRB recently issued an advice memo analyzing the...more

D.C. Circuit To The NLRB: Lying Is Not Protected Activity

Last week, the U.S. Court of Appeals for the D.C. Circuit reversed and remanded a pro-employee Board decision concerning an employee who had been discharged based on the “disparaging content” of the testimony he made before...more

Kansas City Passes Ban-The-Box Ordinance

The City Council of Kansas City, Missouri, recently passed an ordinance placing additional restrictions on a private employer’s ability to inquire about or consider an applicant’s criminal record during the application...more

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