The National Labor Relations Board (NLRB or the Board) recently reinstated setting-specific standards to determine whether employers have violated the National Labor Relations Act (NLRA or the Act) by unlawfully disciplining...more
In another pro-employee decision, the National Labor Relations Board (NLRB) has held that the familiar Wright Line standard no longer governs cases involving employees disciplined for engaging in offensive or abusive conduct...more
On Monday, the National Labor Relations Board (“Board”) issued a decision making it riskier and more complicated for employers to discipline employees for abusive workplace conduct alleged to have arisen within the context of...more
On May 1, 2023, the National Labor Relations Board (“NLRB” or the “Board”) issued a decision that makes it more difficult for employers to discipline or discharge employees for their offensive or abusive conduct while engaged...more
On May 1, 2023, the National Labor Relations Board (“NLRB”) issued its decision in Lion Elastomers LLC II, 372 NLRB No. 83 reversing its 2020 ruling in General Motors LLC, 369 NLRB No. 127, and creating an inconsistent...more
New standard grants more leeway to employers to prohibit abusive conduct, even in connection with otherwise protected, concerted activity. The Board’s new standard will allow employers more predictability and discretion to...more
A recent article about a study on the effectiveness of sexual harassment training caught my eye. The article explains: “Some researchers believe trainings have no positive effects, tend to be more about legal cover than...more
World Wrestling Entertainment (WWE)© is recognized all around the world for body slams, suplexes, and super kicks. WWE recently introduced a new type of tag team partnership: a national partnership with the Boys and Girls...more
The Federal Communications Commission (FCC) disappointed many with its July 1, 2015 Declaratory Ruling and Order on the Telephone Consumer Protection Act (“TCPA”). The TCPA prohibits, amongst other things, using an automated...more
Employers today can find themselves in a seemingly untenable dilemma when they have violence threaten to invade their workplaces. Two recent cases illustrate the competing liabilities that employers face in their...more
California’s new anti-bullying law, which became effective in that state at the beginning of 2015, may be a precursor to other states enacting similar statutes. The law requires that all California employers with 50 or more...more
With most of 2015 already passed, California employers should ensure compliance with new sexual harassment prevention training requirements, which now include "abusive conduct" as a mandated topic of discussion....more
Over the past two decades, parents, schools, school boards and legislators have worked hard to address bullying in the classroom and on the playground. In the workplace, which also sees its share of bullying behavior, there...more
Managers can’t stop controversial conversations from happening in the workplace, but they can be equipped to help employees handle those conversations fairly and respectfully....more
Assembly Bill 2053 expanded the existing requirement for sexual harassment training under Government Code section 12950.1 to include training on the prevention of abusive conduct. Effective January 1, 2015, the law applies to...more
Do you have a comprehensive workplace harassment prevention program in place? During our recent webinar, “Workplace Harassment is Evolving: Is Your Prevention Program Keeping Pace?,” we asked attendees whether they had a...more
California employers with more than 50 employees must include “abusive conduct” prevention training in their mandatory harassment prevention training. Assembly Bill No. 2053 expanded the scope of training required by...more
New Laws for 2015 - With hundreds of laws being proposed in the California Legislature each year, it is hardly a surprise that more than a few are signed into law. For employers, staying abreast of these new laws is a...more