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The National Labor Relations Act › Retaliation

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

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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

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

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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

Seward & Kissel LLP

Employment Litigation Roundup: June 2024

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CFTC charges employer with failing to include whistleblower carveout in agreements with employees - Commodities trading firm Trafigura Trading LLC agreed to pay a $55 million fine to settle charges from the Commodity...more

Proskauer - Labor Relations Update

Compete All You Want:  ALJ Strikes Down Non-Compete Agreement, Setting Up NLRB Review

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As we’ve discussed previously (see here and here), next up on the NLRB chopping block is whether non-compete agreements create a “chilling effect” on employees in the exercise of their Section 7 rights of the National Labor...more

Seward & Kissel LLP

Employment Litigation Roundup: March 2024

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New York State and New York City Human Rights Laws May Protect Out-of-State Applicants - On March 14, the New York Court of Appeals held that out-of-state applicants who seek employment within the State or the City can...more

Parker Poe Adams & Bernstein LLP

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

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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

Venable LLP

The Supreme Court Cases Employers Should Be Keeping an Eye on in the New Term

Venable LLP on

Earlier this year, we wrote about some of the major cases and legal developments for employers to watch in 2023. With the start of the U.S. Supreme Court's new term last month, we are back to provide insight into the next...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - November 2023

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...NLRB Issues Final Rule on ‘Joint Employer’ Standard On - October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule titled “Standard for Determining Joint Employer Status,” which rescinds and...more

Littler

NLRB and OSHA Announce MOU to Strengthen Health and Safety

Littler on

On October 31, 2023, the National Labor Relations Board (NLRB) and the Occupational Safety and Health Administration (OSHA) announced that the agencies have executed a Memorandum of Understanding (MOU) “to strengthen the...more

Davis Wright Tremaine LLP

Non-Union Employers Face Triple Threat: Unfair Labor Practice Charges, Unionization, and Bargaining Orders

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The National Labor Relations Board has released more statistics that further confirm what labor lawyers suspected: Employers are subject to more unfair labor practice charges, Employees and labor organizations are...more

Sherman & Howard L.L.C.

When Employment and Traditional Labor Collide: Whole Foods Wins One in the Ongoing Legal Battle Concerning Black Lives Matter...

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Whole Foods recently scored a victory in its fight to defend its dress code prohibition on non-Whole Foods brands and logos. The United States District Court for the District of Massachusetts, (“the Court”) granted Whole...more

Jackson Lewis P.C.

FLSA Retaliation Provisions Protect Anticipated Collective Action Members, Third Circuit Holds

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Does a plaintiff’s allegation, that he was about to join a pending Fair Labor Standards Act (FLSA) collective (class) action against his former employer, combined with the employer’s knowledge that he was a potential class...more

Bond Schoeneck & King PLLC

Appellate Division Holds Attorney General’s COVID-19 Retaliation Claims are Preempted by Federal Law

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In February 2021, New York State Attorney General, Letitia James, filed a lawsuit against Amazon alleging that the retailer failed to sufficiently prioritize hygiene, sanitation and social distancing at its fulfillment center...more

Rivkin Radler LLP

The Employment Law Reporter - January 2022

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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

Proskauer - Labor Relations Update

Google’s Union Campaign Strategy Documents Not Privileged, NLRB Administrative Law Judge

Proskauer - Labor Relations Update on

Google recently suffered a blow in its ongoing National Labor Relations Board litigation, when an Administrative Law Judge appointed to rule on a discovery dispute ordered the Silicon Valley company to turn over the lion’s...more

Woods Rogers

Federal Agencies Are Teaming Up to End Workplace Retaliation

Woods Rogers on

The National Labor Relations Board (NLRB), U.S. Department of Labor (DOL), and U.S. Equal Employment Opportunity Commission (EEOC) announced a joint initiative to raise awareness about retaliation issues when workers exercise...more

Jackson Lewis P.C.

Build Back Better Act Threatens Class and Collective Action Waivers

Jackson Lewis P.C. on

The U.S. House of Representatives on November 19, 2021, passed the Build Back Better Act (H.R. 5376), ambitious climate protection/social spending legislation that now awaits deliberation in the Senate. Tucked inside the...more

Miller Canfield

NLRB General Counsel Announces Intent to Treat Some College Athletes as Employees

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On September 29, 2021, National Labor Relations Board ("NLRB") General Counsel Jennifer Abruzzo issued a memorandum describing her intent to treat scholarship athletes at Division-I Football Bowl Subdivision ("FBS")...more

Parker Poe Adams & Bernstein LLP

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

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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

Constangy, Brooks, Smith & Prophete, LLP

The Insidious Deception That Is "Employment At Will"

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Employers, don't get played. "This is an employment-at-will state, and I can fire you for a good reason, a bad reason, or no reason at all." Oh, yeah?... ...more

Stoel Rives - World of Employment

U.S. House of Representatives Passes Union “Wish List” Bill

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Last week, the U.S. House of Representatives narrowly passed the Protecting the Right to Organize (“PRO”) Act, which would make sweeping union-friendly changes to the three primary federal laws that govern private-sector...more

Pillsbury Winthrop Shaw Pittman LLP

NLRB Establishes New Test for Employer Discharge of Employees for Abusive Comments

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New standard grants more leeway to employers to prohibit abusive conduct, even in connection with otherwise protected, concerted activity. The Board’s new standard will allow employers more predictability and discretion to...more

Kelley Drye & Warren LLP

Preparing for COVID-19 Whistleblower and Retaliation Claims

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It is a virtual certainty that lawsuits from employees will increase, and likely with emphasis on whistleblower and retaliation claims as states reopen and more employees return to work. Employers need to think ahead and be...more

FordHarrison

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

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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

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