Hiring & Firing, Protected Concerted Activity, Unfair Labor Practices

Employers Must Draft Severance Agreements with Caution After NLRB Renders Critical Provisions Unlawful: 9 Crucial Questions...

Fisher Phillips on 2/22/2023

A pendulum-swinging decision from the National Labor Relations Board yesterday means that severance agreements – in both unionized and non-union workplaces – could once again be deemed unlawful if they could be construed to...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

Employer Can’t Terminate Vulgar Employee Because of Spotty Disciplinary Record – A 5-Step Plan to Avoid the Same Fate

Fisher Phillips on 8/12/2022

One of the nation’s most powerful federal appeals courts just ruled that the NLRB was correct when it said a West Virginia-based manufacturing company couldn’t fire a worker for vulgar comments because it failed to...more

NLRB Rules Two Union Representatives Were Not Fired Over COVID-19 Concerns

Littler on 7/15/2022

On July 6, 2022, the National Labor Relations Board published its decision in Southwest Regional Council of Carpenters, 371 NLRB No. 112, adopting the administrative law judge’s (ALJ) decision that a carpenters’ union did not...more

[Ongoing Program] Master Class 2022 Wrap-Up - May 3rd, 2:00 pm - 3:00 pm ET

BakerHostetler on 4/12/2022

Please join us for BakerHostetler’s The ‘New’ Normal: The State of Labor Relations and Employment Law Master Class. Our 9th Annual Master Class will be virtual again this year, as it was last year, due to the continuation of...more

[Ongoing Program] Opening Plenary Session – The ‘New’ Normal: The State of Labor Relations and Employment Law - February 1st, 2:00...

BakerHostetler on 12/9/2021

Please join us for BakerHostetler’s The ‘New’ Normal: The State of Labor Relations and Employment Law Master Class. Our 9th Annual Master Class will be virtual again this year, as it was last year, due to the continuation of...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

Speak No Evil: The NLRB Drops “Setting-Specific” Standards for Cases Involving Abusive Employee Speech Made in the Course of...

Pullman & Comley - Labor, Employment and... on 7/29/2020

The Trump-era National Labor Relations Board has struck again. On July 21, 2020 in General Motors LLC, 14-CA-197985, 369 NLRB No. 127 (2020), the NLRB overruled longstanding precedent and rejected “setting-specific”...more

NLRB Division of Advice Releases Deluge of Advice Memoranda Discussing COVID-Related ULP Charges, Confidentiality Rules,...

Proskauer - Labor Relations Update on 7/22/2020

On July 15, 2020, the National Labor Relations Board’s (“NLRB”) Division of Advice published 16 Advice Memoranda addressing myriad questions posed by various Regional Offices. While a majority of the Memoranda were drafted...more

What Employers Can Learn From Major League To Avoid Big League Problems

Fisher Phillips on 10/16/2019

The iconic sports movie, Major League, premiered 30 years ago. Three decades later, nearly everyone remembers the classic comedic scenes with characters such as Ricky “Wild Thing” Vaughn (Charlie Sheen), Jake Taylor (Tom...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

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 Publishes Advice Memo Finding that Company Maintained Unlawfully Overbroad Work Rules But Did Not Violate NLRA By Discharging...

Seyfarth Shaw LLP on 5/1/2019

Seyfarth Synopsis: The NLRB’s Division of Advice recently released an Advice Memorandum finding that a security company’s work rules were unlawfully overbroad, but that the company did not violate the National Labor Relations...more

NLRB Says Griping About Clients Is Not Protected Concerted Activity

Parker Poe Adams & Bernstein LLP on 4/22/2019

Section 7 of the National Labor Relations Act protects employee “concerted activity.” Concerted activity means two or more employees engaging in discussions or actions intended to address terms and conditions of employment....more

Labor Board Makes It Harder For Employees To Claim Their Complaints Are Protected

Fisher Phillips on 1/18/2019

In a 3-1 ruling that should be hailed by employers across the country, the National Labor Relations Board just made it harder for employees to successfully claim that their workplace gripes constitute protected concerted...more

NLRB Rejects “Constructive Denial of Transfer” and “Threat” Theories of Unfair Labor Practice Liability

Proskauer - Labor Relations Update on 8/28/2018

As we hurtle toward Labor Day, and the probable onslaught of decisions, and as NLRB Member Pearce’s tenure ends on August 27, the Board has been issuing a steady stream of cases. Many of these appear to be garden variety type...more

Fired Google Manifesto Author Files Unfair Labor Practice Charge: Did He Engage In Protected Activity?

McGuireWoods LLP on 8/15/2017

A Google engineer was fired last week after circulating a 3,000 word memorandum, among other things, criticizing the tech giant’s approach to diversity issues and questioning the root causes of the industry’s gender gaps. He...more

Labor Board Finds Employer Guilty Of “Textual Harassment” - Manager’s Text Message During Union Campaign Deemed Unlawful...

Fisher Phillips on 6/14/2017

In what appears to be a first-of-its kind decision, the National Labor Relations Board recently determined that an employer committed an unfair labor practice when one of its managers asked a pointed question via text message...more

Hiring & Firing › Protected Concerted Activity › Unfair Labor Practices