News & Analysis as of September 20, 2024

Wrongful Termination

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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 -

NLRB General Counsel Issues Memos Calling for New Harsher Penalties for Unfair Labor Practice Violations

Sheppard Mullin Richter & Hampton LLP on 9/23/2021

As we previously reported, the National Labor Relations Board (“NLRB” or the “Board”) has been undergoing a seismic change of direction. With two memoranda published September 8th and September 15th, NLRB General Counsel...more

First Circuit Upholds Employee's Right to Publicly Complain About Working Conditions

Parker Poe Adams & Bernstein LLP on 6/25/2021

Section 7 of the National Labor Relations Act protects the rights of employees to engage in “concerted activity,” regardless of whether they are members of a union. Concerted activity means two or more employees working...more

Ninth Circuit Overturns Board Decision Finding Unlawful Secondary Picketing, Citing Insufficient Evidence of an Intent to Coerce a...

Proskauer - Labor Relations Update on 5/6/2021

Last week, the United States Court of Appeals for the Ninth Circuit overturned a decision by the NLRB dismissing a complaint against two joint employers alleging unlawful termination in retaliation for picketing activity. The...more

5 Key Trends For Workplace Class Action Litigation For 2019: Trend #3 Governmental Enforcement Litigation Trends In 2019

Seyfarth Shaw LLP on 1/23/2020

Seyfarth Synopsis: The third key trend from our 16th Annual Workplace Class Action Litigation Report involves governmental enforcement litigation, including an overview of priorities and filings by the EEOC, the U.S....more

NLRB Returns to Time-Honored Standard for Post-Arbitral Deferral

Littler on 1/9/2020

The National Labor Relations Board recently overturned a decision issued in 2014 and returned to its time-honored standard for post-arbitral deferral in unfair labor practice cases alleging discipline or discharge in...more

NLRB Reinstates Broad Deferral of Discrimination Cases to Arbitration, Overruling the Obama Board’s 2014 Decision in Babcock &...

Sheppard Mullin Richter & Hampton LLP on 1/3/2020

The Trump National Labor Relations Board (Board or NLRB) gifted employers a significant win on the eve of the Christmas holiday with its December 23 decision in United Parcel Service, Inc., 369 NLRB No. 1 (UPS), which...more

NLRB Gives End of Year Gift for Employers, Restores Longstanding Standard for Deferring to Arbitral Decisions

Proskauer - Labor Relations Update on 1/3/2020

In yet another end-of-2019 decision overruling significant NLRA precedent, the Board reverted to the less stringent Spielberg / Olin standard for determining whether to defer to arbitration decisions in the context of Section...more

NLRB Revives Prior Standard on Arbitral Deference

Ballard Spahr LLP on 12/27/2019

On December 23, 2019, the National Labor Relations Board (NLRB, or the Board) overturned an Obama-era decision regarding deference to labor arbitration proceedings....more

Seventh Circuit Affirms NLRB in Upholding Discharge of Fast and Furious Employee for Highway Misconduct

Littler on 9/16/2019

In Local 702, International Brotherhood of Electrical Workers, AFL-CIO v. National Labor Relations Board and Consolidated Communications, the U.S. Court of Appeals for the Seventh Circuit recently upheld the termination of a...more

An Employer’s Erroneous Announcement To Employees Declaring Them Independent Contractors Does Not, Standing Alone, Violate The...

Sheppard Mullin Richter & Hampton LLP on 9/6/2019

Does an employer who genuinely believes that its workers are independent contractors and tells them that they are contractors and not employees, only to later find out that it was wrong, violate Section 8(a)(1) of the...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

Employee’s Vulgar Comment To Manager During Staff Meeting Was Not Protected Under The NLRA

Seyfarth Shaw LLP on 5/31/2018

The ALJ found that the employer did not violate the Act where it terminated an employee for using vulgar language during a staff meeting in efforts to undermine the general manager’s managerial authority....more

NLRB Finds Cocktail Waitress Was Illegally Fired For Voicing Workplace Complaints

Seyfarth Shaw LLP on 5/3/2018

Seyfarth Synopsis: NLRB affirms ALJ’s ruling finding that a cocktail bar waitress was illegally fired for voicing workplace concerns during a staff meeting....more

Two Employees, Social Media, An Unlawful Policy ... What Could Possibly Go Wrong?

Proskauer - Labor Relations Update on 8/7/2017

The advent of social media resulted in a feverish effort by the NLRB to keep up with new technology. In reality, the legal standard for evaluating whether conduct is protected concerted activity did not change. Rather, all...more

Case Demonstrates Perils Of Refusing To Discuss Issues With Union

Proskauer - Labor Relations Update on 6/26/2017

A significant change in NLRB precedent during the last few years was the added requirement that an employer bargain over discretionary aspects of discipline in the period between the union acquiring representational rights...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

NLRB Settlements Can Be Tricky, Especially If You Don’t Inform The Agency

Proskauer - Labor Relations Update on 6/3/2017

The last few decisions issued by the NLRB have addressed a wide spectrum of rather unique situations. Just in the last several days we saw decisions involving a combative registered nurse and a human resources representative...more

Bring in the TV Cameras: NLRB and D.C. Circuit Find Employees Airing Grievance in Media is Protected Activity

Bradley Arant Boult Cummings LLP on 9/27/2016

An employee goes on television and maligns his bosses for a new company policy with half-truths—and his bosses fire him for disloyalty. Sounds justified, right? Wrong. A National Labor Relations Board (NLRB) decision...more

Saying “You’re Fired” Could Bring Labor Pains

Fisher Phillips on 8/19/2016

An Ohio employer recently learned the hard way that employers need to be cautious when it comes to communicating with striking employees about permanent replacements. By mistakenly telling them that their employment had been...more

Recent NLRB Decision A Reminder That NLRA Can Protect Actions Of A Single Employee

Proskauer - Labor Relations Update on 8/1/2016

So far, it has been a long quiet Summer with little NLRB activity, – with the exception of the recent ruling that temporary agency employees can be part of a bargaining unit with the principal employer’s employees, of course....more

Restaurant Forced to Rehire Employees Who Insinuated Food was Germ-Infested - Section 7 of the NLRA Guarantees Workers the Right...

Holland & Knight LLP on 3/31/2016

The Jimmy John's sandwich franchise must have been surprised to learn that it had violated federal labor law when it disciplined employees who had posted hundreds of signs around its outlets suggesting that its sandwiches...more

Seventh Circuit Court of Appeals Defers to NLRB: Employer Unlawfully Discharged Employee for Brief Refusal to Work

Franczek P.C. on 3/11/2016

In Staffing Network Holdings, LLC v. NLRB, the Seventh Circuit Court of Appeals in Chicago recently upheld the National Labor Relations Board’s decision that an employer unlawfully fired an employee who briefly refused to...more

Court “Likes” NLRB’s determination that Facebook posts are protected under the NLRA

Robinson+Cole Data Privacy + Security Insider on 11/2/2015

The Second Circuit Court of Appeals recently upheld the National Labor Relations Board’s (NLRB) decision that employees’ Facebook posts are protected by the National Labor Relations Act (NLRA). Three D, LLC d/b/a Triple Play...more

Second Circuit Says Facebook Profanity Directed at Employer is Protected - Employer Violated NLRA by Terminating Two Employees...

Holland & Knight LLP on 10/29/2015

In Three D, LLC d/b/a/ Triple Play Sports Bar and Grille v. NLRB, the U.S. Court of Appeals for the Second Circuit upheld the National Labor Relations Board's (the Board) determination that the employer, Triple Play,...more

Second Circuit Finds Facebook “Likes” Protected Under NLRA

Genova Burns LLC on 10/29/2015

On October 21, 2015, the Second Circuit clarified in Triple Play Sports Bar and Grille v. National Labor Relations Board that protections provided under Section 7 of the National Labor Relations Act (“NLRA”) encompass...more

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