News & Analysis as of September 22, 2024

Adverse Employment Action

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

Fisher Phillips on 7/18/2024

The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Next Up in the NLRB’s Line of Fire: Protection for Employee Displays of Religious, Social, and Political Messaging

BakerHostetler on 3/1/2024

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

EntertainHR: Michigan’s Miscue—Is Your Company Ready for a Social Media Scandal?

FordHarrison on 6/7/2023

Only a few days after being hired by the University of Michigan’s football program as the assistant director of football recruiting, Glenn Schembechler (son of longtime Michigan head coach Bo Schembechler) resigned after his...more

Employer Discipline Lessons In DC Circ. Vulgar Protest Ruling | Insights & Events

Bradley Arant Boult Cummings LLP on 9/22/2022

A ruling of the National Labor Relations Board in favor of an employee fired for using vulgar language on a company bulletin board was affirmed in August by the U.S. Court of Appeals for the District of Columbia Circuit. ...more

D.C. Circuit Affirms NLRB Vulgar Graffiti Ruling

Proskauer - Labor Relations Update on 8/15/2022

On August 9, 2022, the U.S. Court of Appeals for the District of Columbia held that the National Labor Relations Board (“NLRB”) had adequate justification to rule that an aluminum manufacturer (“Constellium”) violated the...more

NLRB Pursues 10(j) Injunction and Bargaining Order Against Starbucks Based on Conduct In Union Organizing Campaign

Proskauer - Labor Relations Update on 6/24/2022

On June 21, 2022, the National Labor Relations Board (“NLRB”) issued a press release indicating that the Regional Director of Region 3 requested injunctive relief from a United States District Court on behalf of seven former...more

#WorkforceWednesday: CA Whistleblower Retaliation Cases, NYC Pay Transparency Law, Biden’s Labor Agenda - Employment Law This...

Epstein Becker & Green on 2/9/2022

This week, we’re recapping major items shifting at the state, local, and federal levels, including whistleblower retaliation case law, pay transparency rules, and federal labor policies. California Supreme Court Specifies...more

The Top 18 Workplace Law Stories from September 2021

Fisher Phillips on 10/6/2021

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

NLRB: Employer’s Good-Faith Belief in Employee’s Misconduct Insufficient to Justify Terminating Employee Engaged in Protected...

Proskauer - Labor Relations Update on 12/15/2020

As we have often discussed, there is a fine line between protected and unprotected activity. Profane outbursts, deliberate misconduct, or highly-disruptive strikes may fall outside the protection of the NLRA, subjecting...more

Political and Controversial Activity in the Workplace [More with McGlinchey Ep. 11]

McGlinchey Stafford on 10/16/2020

Election season is in full swing and the climate is certainly charged. In this episode of “More with McGlinchey,” Labor and Employment attorneys Mag Bickford, Rasch Brown, Camille Bryant, and Kathy Conklin discuss employees’...more

NLRB’s Latest Guidance Supports Employer Decisions Amidst Pandemic

Fisher Phillips on 8/19/2020

Addressing the issue for the first time since the pandemic, the National Labor Relations Board recently released a series of advice memoranda instructing its Regional offices to dismiss various COVID-19 related charges...more

Employment Flash - July 2020

Skadden, Arps, Slate, Meagher & Flom LLP on 7/20/2020

This edition of Employment Flash summarizes key employment law issues related to COVID-19 as well as two seminal U.S. Supreme Court rulings that protect gay and transgender employees from discrimination, and clarify the...more

Employers May Not Have To Retain Racists, Sexists And Belligerently Disobedient Employees After All-The NLRB Appears Ready To...

Sheppard Mullin Richter & Hampton LLP on 9/12/2019

It is lawful to discipline and even discharge an employee for making inappropriate or offensive remarks in the workplace. Indeed, current anti-harassment and anti-bullying laws may require an employer to take adverse action...more

NLRB Finds Employer Lawfully Terminated “Known” Union Supporter Despite Finding Its Justification Was Pretextual

Proskauer - Labor Relations Update on 8/12/2019

In a 2-1 decision issued on August 2, 2019, the National Labor Relations Board (the “Board”) in Electrolux Home Products, Inc., 368 NLRB No. 34 (2019) reversed an Administrative Law Judge’s (“ALJ”) decision, and held that...more

NLRB Reigns In The Definition Of Concerted Activity

Seyfarth Shaw LLP on 2/21/2019

Seyfarth Synopsis: The NLRB has overturned a previous decision defining any employee’s protest in a group setting as protected concerted activity. In Alstate Maintenance, the Board has sought to adhere to the principles...more

Gripe No More: NLRB Reverses Controversial Protected-Activity Precedent

Polsinelli on 1/24/2019

On January 11, 2019, the National Labor Relations Board (“Labor Board” or “NLRB”) overturned an Obama-era Labor Board decision that held that complaints made in front of colleagues always constitute protected concerted...more

NLRB Upholds Discharge of Employee Whose Protected Activity Included Intentional Deception

Franczek P.C. on 3/8/2018

On February 28, 2018, the National Labor Relations Board (“Board”) issued an important decision for employers and employees, reminding all that protected activity under the National Labor Relations Act does not always shield...more

Employee Social Media and Employee Discipline – Caution

Ruder Ware on 2/21/2018

A number of companies have adopted social media policies that address the types of things employees can post on social media even if it is the employee’s private social media page. While companies have the right to protect...more

Google and Charlottesville Events Raise Questions for Companies Regarding Employee Political Views

Parker Poe Adams & Bernstein LLP on 8/23/2017

Two recent major news stories again involve the intersection of politics with employment law. In the first matter, Google fired a programmer after he posted an internal document criticizing the company’s diversity...more

No Union Protection for Employees “Sick” Over No Paid Absences

Bradley Arant Boult Cummings LLP on 8/1/2017

Can employees protest a company sick leave policy with an internet meme that suggests the company’s food is not safe? Not according to a recent Eighth Circuit decision. MikLin (doing business as Jimmy John’s in Minnesota)...more

4th Circuit sets a match to battalion chief's First Amendment claims

Burr & Forman on 6/12/2017

Lately, we’ve been seeing more cases in which public-sector employees accuse their governmental employer of violating the First Amendment to the U.S. Constitution. Such claims can arise in many ways, but with the...more

Second Circuit Holds Termination of Employee Who Attacked Supervisor in Obscene Facebook Post Violates NLRA

Mintz - Employment Viewpoints on 4/26/2017

The Second Circuit said last week that an employer violated the National Labor Relations Act when it fired an employee who criticized a supervisor on Facebook during an election. The catch here is that the Second Circuit...more

Employment Law - October 2015 #2

Manatt, Phelps & Phillips, LLP on 10/19/2015

Take the Cure: New California Law Permits Corrections of Wage Statement Violations - Why it matters: Employers may want to review their wage statements after Governor Jerry Brown signed a new law that permits them...more

Be Aware of Public Employees Disciplinary Proceedings Protections: Loudermill, Wiengarten and Garrity

Pullman & Comley - Labor, Employment and... on 9/29/2015

This post is primarily for public sector employers such as state agencies, municipalities and districts. By virtue of being employed by the government and quite likely represented by a labor union, public sector employees in...more

NLRB Finds That Employer Improperly Disciplined Employee Who Obscenely Grabbed His Crotch in Front of Female Co-Worker

Faegre Drinker Biddle & Reath LLP on 7/14/2014

On July 3, 2014, the National Labor Relations Board (NLRB) handed down a decision in the case of Consolidated Communications d/b/a Illinois Consolidated Telephone Co. and Local 702, Int'l Brotherhood of Electrical Workers,...more

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