The Future of Pay Equity
Illegal or ill-mannered? Title VII meets Ms. Manners
On August 21, 2024, the NLRB affirmed an administrative law judge (“ALJ”) decision and held in SFR, Inc. d/b/a Parkside Café, 373 N.L.R.B. No. 84, that employees who participated in Black Lives Matter (“BLM”) protests outside...more
Following the death of George Floyd and the Black Lives Matter protests against racial inequity in 2020, many companies increased their commitments to diversity, equity and inclusion (DEI), as well as their external...more
Both the National Labor Relations Board (NLRB) and the First U.S. Circuit Court of Appeals weighed in on employees wearing Black Lives Matter items while at work, with the Board siding with the employee and the federal...more
The National Labor Relations Board (NLRB) has ruled that a Minnesota Home Depot Store broke the law by telling an employee to remove a “BLM” marking from their work apron. The NLRB has recently decided in Home Depot USA, Inc....more
Few governmental agencies can require private employers to permit their employees to say things on the job, in the presence of customers and co-workers, that employers don’t like. But the National Labor Relations Board can....more
Recently, the National Labor Relations Board (“NLRB”) ruled that Home Depot — “Where Doers Get More Done” — had done too much when it discharged an employee, Antonio Morales, for refusing to remove the hand-drawn letters...more
The National Labor Relations Board recently ruled that Home Depot USA, Inc. violated federal labor law when it prohibited an employee from wearing a work apron containing a handwritten reference to “Black Lives Matter.” This...more
On February 21, 2024, the National Labor Relations Board (NLRB or the Board) ruled that Home Depot violated Section 7 of the National Labor Relations Act (NLRA or the Act) when it effectively terminated an employee after the...more
On February 21, 2024, the National Labor Relations Board (“NLRB”) issued a decision finding that Home Depot violated Section 8(a)(1) of the National Labor Relations Act (“Act”) by using Home Depot’s dress code to require an...more
In a case issued on February 21, 2024, the National Labor Relations Board (NLRB or the Board) has continued its expansion of the definition of "protected, concerted activity" under Section 7 of the National Labor Relations...more
The National Labor Relations Board (“NLRB”), in a 3-1 decision, held that an employee’s display on their work uniform of “BLM,” an acronym for Black Lives Matter, constituted protected concerted activity under Section 7 of...more
In Whole Foods Market, Inc., Case 01-CA-26183, JD(SF)-39-23 (Dec. 20, 2023), National Labor Relations Board (NLRB) Administrative Law Judge Ariel Sotolongo held that Whole Foods did not violate federal law by enforcing its...more
As part of our Black History Month activities, the Venable Success Network (VSN) hosted a panel discussion on Black resistance in America, which is the theme of this year’s celebration. Moderated by William Lawrence, an...more
Attorney and activist, Aarthi Manohar, joins host Julie Owsik Ackerman, writer/storyteller/lawyer, for this month’s episode of our new series, Behind the Bio. Each month, Julie interviews a different lawyer to explore the...more
Q. Have there been any updates since the federal court previously determined that the employer did not violate Title VII in prohibiting employees from wearing Black Lives Matter and other social justice attire to work?...more
In February 2021, we wrote about Kinzer, et al. v. Whole Foods Market, Inc., a case pending in Massachusetts federal court in which multiple employees alleged that they had been terminated by Whole Foods for wearing Black...more
On June 29, 2022, the United States Court of Appeals for the Third Circuit upheld the preliminary injunction of the United States District Court rescinding discipline placed on Port Authority employees who wore “Black...more
Q: Have any courts addressed a company’s ability to regulate the type of masks that employees wear at work?...more
Last week, the U.S. Court of Appeals for the First Circuit in Boston dismissed the appeal of a group of Whole Foods employees who were disciplined for wearing face masks with the phrase “Black Lives Matter” at work. In Frith...more
On June 30, the Third Circuit ruled that Allegheny Port Authority’s (Port Authority) policy prohibiting political and social adornments on employee uniforms is likely unconstitutional....more
A National Labor Relations Board Administrative Law Judge (ALJ) recently dismissed a complaint against Home Depot USA, Inc., in which the NLRB General Counsel (GC) alleged the company violated the National Labor Relations Act...more
On May 20, 2022, in McVey v AtlantiCare Medical System, the New Jersey Appellate Division Panel affirmed the dismissal of an employee’s case holding that her termination was not in violation of the protections afforded to...more
Now that we are knee deep in annual meeting season, companies should consider preparing for “what if” questions that may arise during Q&A based on current events. For example, shareholders (including employee shareholders)...more
Here are last week’s curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: AG James Takes a Bite Out of Pizzeria Chain...more
Indiana AG Todd Rokita filed a lawsuit against the Black Lives Matter Global Network Foundation seeking compliance with an Civil Investigative Demand, previously served on BLM in February 2022, that requested documents and...more