News & Analysis as of

The National Labor Relations Act › Adverse Employment Action

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
Parker Poe Adams & Bernstein LLP

Employers Struggle With Election Politics Spillover Into Workplace

Parker Poe Adams & Bernstein LLP on

With the election quickly approaching, we are already receiving questions from employers involving concerns over arguments and disruptions in the workplace resulting from political disagreements. We hoped that the contentious...more

Proskauer - Labor Relations Update

Sixth Circuit Sends Ohio State Graduate Student’s Employment Status Case Under Title VII to a Jury Trial

Proskauer - Labor Relations Update on

On August 28, 2024, the Sixth Circuit in Huang v. Ohio State Univ., 6th Cir., No. 23-03469 (Aug. 28, 2024) –—in a case with broader implications for the employment status of graduate students—reversed the Southern District of...more

Bradley Arant Boult Cummings LLP

TIPS at the Coffee Shop: A Caffeinated Reminder About What Not to Do During Union Campaigns

Bradley Arant Boult Cummings LLP on

The National Labor Relations Board issued yet another Starbucks decision this past week. Again, the Board upheld an administrative law judge’s opinion that Starbucks violated the National Labor Relations Act during a union’s...more

Fisher Phillips

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

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

Perkins Coie

Washington State Bans Captive Audience Meetings

Perkins Coie on

Washington state employers are now banned from holding “captive audience” meetings. So-called captive audience meetings are mandatory meetings held by employers during work hours to address activities protected by Section 7...more

Bradley Arant Boult Cummings LLP

An Opinion Is an Opinion, But an Opinion with a Threat Is a Threatening Opinion, and Threatening Opinions Are Unlawful Under the...

Bradley Arant Boult Cummings LLP on

A National Labor Relations Board administrative law judge in San Francisco recently ruled that Amazon CEO Andy Jassy violated the National Labor Relations Act when he commented on labor unions through several media outlets....more

BakerHostetler

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

BakerHostetler on

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

Proskauer - Labor Relations Update

NLRB Clarifies Burden Shifting Framework in Mixed-Motive Cases

Proskauer - Labor Relations Update on

On August 28, 2023, the National Labor Relations Board (“NLRB” or the “Board”) issued its decision in Intertape Polymer Corp., 372 NLRB No. 133 (2023) clarifying the standard by which the General Counsel satisfies her initial...more

Fisher Phillips

New York, Minnesota, and Maine Ban “Captive Audience Meetings” – But the Fight is Just Beginning

Fisher Phillips on

Effective August 1, Minnesota now prohibits employers from “captive audience meetings” – that is, requiring, under threat of discharge, discipline, or some other penalty, employee attendance or participation in...more

FordHarrison

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

FordHarrison on

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

BakerHostetler

Sticks and Stones Break Bones, and the NLRB Protects the Words That Hurt: The NLRB’s Latest Decision Expands Protections for...

BakerHostetler on

In the latest swing away from recent precedent, the National Labor Relations Board (NLRB or Board) issued its ruling in Lion Elastomers LLC II, which overturns the 2020 General Motors LLC decision. These decisions address an...more

Bradley Arant Boult Cummings LLP

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

Bradley Arant Boult Cummings LLP on

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

Proskauer - Labor Relations Update

D.C. Circuit Affirms NLRB Vulgar Graffiti Ruling

Proskauer - Labor Relations Update on

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

Proskauer - Labor Relations Update

NLRB GC Announces Initiative Seeking 10(j) Relief For Threats Or Coercive Conduct During Organizing Campaigns

Proskauer - Labor Relations Update on

On February 1, 2022, the General Counsel (“GC”) of the National Labor Relations Board (“NLRB”) announced a new initiative encouraging NLRB Regions to seek injunctive relief under Section 10 of the National Labor Relations Act...more

Rivkin Radler LLP

The Employment Law Reporter - January 2022

Rivkin Radler LLP on

Here is what we cover in this issue of The Employment Law Reporter: •The U.S. Court of Appeals for the Second Circuit has affirmed a district court’s decision dismissing employment discrimination claims brought by a...more

Fisher Phillips

The Top 18 Workplace Law Stories from September 2021

Fisher Phillips on

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

Akerman LLP - Health Law Rx

Decision Reminds Providers of Limits on Restricting Employee Communications with Media

Akerman LLP - Health Law Rx on

Hospitals and medical groups that bar staff from communicating with the media should take another look at those prohibitions following a recent federal appellate decision finding such a policy unlawful under the National...more

Proskauer - Labor Relations Update

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

Proskauer - Labor Relations Update on

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

Fisher Phillips

Labor Board Confirms Employees’ Uniform Protest Is Protected Activity

Fisher Phillips on

The National Labor Relations Board recently ruled that an employer could not discipline a group of protesting employees who reported to work in street clothes instead of their uniforms to draw attention to a uniform shortage....more

McGlinchey Stafford

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

McGlinchey Stafford on

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

McDermott Will & Emery

Employers Grapple with Workers’ Off-Duty Behavior

McDermott Will & Emery on

Employees gathering with friends, expressing their political views and posting about these things on social media have created for employers an increasingly urgent question: When the people engaging in unsafe or politically...more

Spilman Thomas & Battle, PLLC

Where Does the NLRA Draw the Line Between Harassment and Protected Activity?

Spilman Thomas & Battle, PLLC on

As most employers have discovered, Section 7 of the National Labor Relations Act protects employees who engage in “concerted activities for the purpose of collective bargaining,” and it is unlawful for employers to interfere...more

Fisher Phillips

Total (Security) Recall: Labor Board Returns To Historical Precedent And Allows Discipline Of Newly Organized Union Members

Fisher Phillips on

The National Labor Relations Board restored its longstanding precedent involving an employer’s duty to bargain over discipline in a newly certified bargaining unit, ruling that employers have no obligation to negotiate with...more

FordHarrison

Employers' Response to Racial Unrest

FordHarrison on

The global response to George Floyd’s tragic and shocking death and other recent acts of injustice, including those involving Ahmaud Arbery, Christian Cooper, Breonna Taylor, and Nina Pop, among others, and ensuing protests...more

FordHarrison

How the Misconception of ‘Free Speech’ in the Workplace Persists through High-Profile Examples of Social Consciousness

FordHarrison on

With the NBA season set to begin this month, so many eagerly anticipated storylines are being discussed. Would the Clippers and Lakers live up to expectations and make Los Angeles the place to be this season? How are teams...more

58 Results
 / 
View per page
Page: of 3
Next »

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide