News & Analysis as of May 30, 2025

National Labor Relations Board

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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 -

When Does Venting Become a Complaint?

Foley & Lardner LLP on 3/18/2025

A company makes the difficult decision to terminate an employee’s employment due to poor performance. This should come as no surprise to the employee, who has been counselled and disciplined on numerous occasions. Yet, the...more

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

US Supreme Court Applies Strict Test for NLRB Injunctions

Parker Poe Adams & Bernstein LLP on 6/21/2024

In unusual circumstances arising during unionization campaigns, the National Labor Relations Board can seek a so-called Section 10(j) injunction to immediately order the employer or union to cease illegal acts associated with...more

Fifth Circuit Finds Employee's Protest of COVID-19 Measures Protected Concerted Activity

Parker Poe Adams & Bernstein LLP on 3/29/2024

The National Labor Relations Act’s employee protections extend beyond unionized workplaces or those undergoing organizing activities. Section 8(a)(1) of the NLRA prohibits employers from retaliating against employees who...more

Workplace Law Update: 10 Essential Items on Your November To-Do List

Fisher Phillips on 11/6/2023

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...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

DOL and NLRB Agree to Share Information and Counsel Employees on Overlapping Enforcement Matters

Amundsen Davis LLC on 1/12/2022

On January 6, 2022, the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB) released a signed Memorandum of Understanding (MOU) detailing the agencies’ most recent pact to enforce federal labor and...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

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

[Podcast]: Key Contractual Provisions for Employers to Incorporate in Documents with Confidentiality Covenants

Proskauer - Employee Benefits & Executive... on 5/30/2019

In this episode of The Proskauer Brief, Kate Napalkova, special employee benefits and executive compensation counsel, and associate Oleg Zakatov discuss potential pitfalls that lurk in employment agreements and other employee...more

Board Upholds Enforcement of Pre-Hire Arbitration Agreement

Littler on 5/29/2019

The alternative dispute resolution landscape continues to evolve for employers with unionized workforces. Anheuser-Busch, LCC, 367 NLRB 123 (May 22, 2019), is the National Labor Relations Board’s (NLRB) latest decision on the...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

“Hope I don’t get AIDS. Just kidding. I’m white!”: How to get yourself fired for a Facebook post

Dorsey & Whitney LLP on 11/13/2017

Social media has created a minefield of concerns for both employees and employers. The news is full of stories of employees documenting their questionable off-duty conduct on social media, or posting comments containing...more

October 2017: The Top 11 Labor And Employment Law Stories

Fisher Phillips on 11/3/2017

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 each month in 2017. October was no...more

Could Barring Former Employees From Your Premises Lead To A Lawsuit?

Fisher Phillips on 9/8/2017

Hospitality employers open to the general public should be aware of a recent decision by the National Labor Relations Board (NLRB) with implications across the industry. In a 2-to-1 decision, the NLRB ruled that a hotel and...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

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 NLRB Did Not Err in its Finding that Facebook Posting that Supervisor is a “Nasty Mother Fer” and “F...

Seyfarth Shaw LLP on 5/1/2017

Seyfarth Synopsis: The Second Circuit agrees with the Board that the use of profanity in a Facebook post was not “opprobrious enough” to lose the NLRA’s protections and justify the employer’s termination of the employee....more

NLRB Scrutinizes Employer Motivation in Hiring Replacement Workers During Strike

Littler on 9/15/2016

Denying a motion for reconsideration, the National Labor Relations Board recently affirmed its decision in American Baptist Homes of the West d/b/a Piedmont Gardens, addressing the relevance of an employer’s motive in hiring...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

The Employment Law Authority - January/February 2016

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/14/2016

A federal appellate court recently held that an employer did not violate Title VII of the Civil Rights Act when it discharged an employee shortly after she informed her manager that she was pregnant. According to the Fifth...more

Employment Law Navigator – Week in Review: December 2015 #4

Zelle LLP on 12/29/2015

Last week was a big one for the EEOC. Among other things, the agency initiated a lawsuit against McDonald’s Corporate and a Missouri franchisee because the franchisee refused to provide a deaf applicant a sign language...more

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