News & Analysis as of September 19, 2024

Free Speech

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

Election Season in the Workplace: Employers’ Essential FAQs for 2024

Fisher Phillips on 9/12/2024

The election season promises to be turbulent, and your workplace will not be immune from the challenges that are sure to face us. What do you need to know about your rights and responsibilities as an employer now that the...more

D.C. Circuit Flips NLRB; Employer’s Alleged ‘Baseless’ Statements Of Opinion Lawful

Jackson Lewis P.C. on 6/14/2021

“Absent threats or promises, § 8(c) [of the National Labor Relations Act] unambiguously protects ‘any views, argument tor opinion’ – even those that the agency finds misguided, flimsy, or daft,” the D.C. Circuit has held....more

Unfettered Free Speech or Profane Outbursts? NLRB Invites Input to Determine Scope of Section 7 Protection

Franczek P.C. on 10/14/2019

The National Labor Relations Board (“Board”) is inviting input “to aid the Board in reconsidering the standards for determining whether profane outbursts and offensive statements of a racial or sexual nature, made in the...more

Supreme Court Year in Review: Union Agency Fees, Travel Restrictions, and the Retirement of Justice Kennedy

Littler on 7/10/2018

The U.S. Supreme Court closed out its most recent term, which began in October 2017, with a number of high-profile and ground-breaking decisions. ...more

Analysis of Recent Cases Reveals What Justice Garland Could Mean for Employers

Cozen O'Connor on 3/21/2016

Amid a swarm of controversy created by Senate Republicans’ vow to stonewall a hearing or vote on any Supreme Court nominee during this election year, President Obama has nominated Merrick Garland, chief judge of the U.S....more

Connecticut Bolsters Employee Whistleblower Protection

Littler on 10/7/2015

Based on a new and unique interpretation of the state constitution, the Connecticut Supreme Court has greatly increased the potential exposure of employers to damage claims by whistleblowers. In Trusz v. UBS Realty Investors...more

What’s in a Like?

Morrison & Foerster LLP - Social Media on 11/5/2014

In the pre-Facebook era, the word “like” was primarily a verb (and an interjection sprinkled throughout valley girls’ conversations). Although you could have likes and dislikes in the sense of preferences, you could not give...more

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