#WorkforceWednesday® - SpaceX Victory: Court Questions NLRB's Constitutional Authority - Employment Law This Week®
Managing Social Media Risk
Legal Alert | NLRB ALJ Finds Post Employment Non-Compete and Non-Solicit Provisions Unlawful
The Labor Law Insider - NLRB Remedies: “Draconian” Says the Fifth Circuit Court of Appeals in Thryv, Part II
The Labor Law Insider - NLRB Remedies: “Draconian” Says the Fifth Circuit Court of Appeals in Thryv
SCOTUS Limits Availability of Injunctions in NLRB Unfair Labor Practice Cases - Employment Law This Week®
The Labor Law Insider: (Scary) Real Life Scenarios – Practical Application, Part II
The Labor Law Insider: (Scary) Real Life Scenarios – Practical Application, Part I
Work This Way: A Labor & Employment Law Podcast | Episode 12: Understanding Unions with Patrick Wilson, Maynard Nexsen Attorney (Part 2)
Work This Way: A Labor & Employment Law Podcast | Episode 11: Understanding Unions with Patrick Wilson, Maynard Nexsen Attorney (Part 1)
Labor Law Insider—Dartmouth Basketball Team Unionizes: The NLRB Sets a Pick for Unions
Navigating the Future of Intercollegiate Athletics: Implications of the Dartmouth College Student-Athlete Labor Decision
#WorkforceWednesday: Federal Agencies Pushing Boundaries Met with Backlash, Impacts of SCOTUS Chevron Deference - Employment Law This Week®
Navigating Workplace Policy Evolution: Insights on NLRB Standards and Employee Handbook Best Practices
The Labor Law Insider: What Just Happened, and What's Next? 2023 Labor Law Retrospective, Part II
Work This Way: A Labor & Employment Law Podcast | Episode 3: Top Labor & Employment Issues for 2024 with Jennie Cluverius, Cherie Blackburn, and Christy Rogers
#WorkforceWednesday: DOL’s Final Rule on Worker Classification, NLRB Joint-Employer Rule Challenged, SpaceX Sues NLRB - Employment Law This Week®
The Labor Law Insider - What Just Happened, and What’s Next? 2023 Labor Law Retrospective
A Deep Dive Into Internal Workplace Investigations: Tom Cruise's Minority Report — Hiring to Firing Podcast
2023 Labor and Employment Highlights: Key Legal Developments, Trends, and Insights - Employment Law This Week®
On July 9, 2024, the U.S. Court of Appeals for the Fifth Circuit took the latest step in a continuing controversy about when obscenity or other misconduct by a worker, while raising otherwise protected job complaints,...more
On July 9, 2024, the United States Court of Appeals for the Fifth Circuit told the National Labor Relations Board’s to reconsider the standard for whether abusive or inappropriate speech is protected under Section 7 of the...more
Social media usage remains ubiquitous in 2024, and a recent trend sees the increased use of social media by employees to document their experiences with layoffs and disciplinary actions in the workplace. ...more
The National Labor Relations Board issued a decision in Lion Elastomers LLC II on May 1, 2023, reversing General Motors LLC, 369 NLRB No. 127 (2020) and changing the standards related to discipline or discharge of workers who...more
In a decision that had been anticipated, the National Labor Relations Board (“NLRB” or “Board”) abandoned its short-lived burden-shifting test for determining the legality of employer discipline of employees found to have...more
In another pro-employee decision, the National Labor Relations Board (NLRB) has held that the familiar Wright Line standard no longer governs cases involving employees disciplined for engaging in offensive or abusive conduct...more
Lion Elastomers Revives a "Setting-Specific" Standard That Is Again Likely to Lead to Arbitrary Results and Conflicting Obligations Under Various Statutes - After the National Labor Relations Board's recent decision in...more
Now more than ever, it seems that employees are willing to express themselves. While open communication with and among employees is usually a good thing, sometimes an employer’s rules are broken in the process. A worker...more
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
The National Labor Relations Board has finally abandoned its problematic standard around the discipline and discharge of employees who engage in abusive conduct in connection with protected concerted activity. On July 21, the...more
On Tuesday, the three-member, all Republican, National Labor Relations Board (the “Board”) issued a 3-0 decision in General Motors LLC and Charles Robinson, 369 NLRB No. 127 (July 21, 2020)...more
NLRB Decision Gives Employers More Leeway to Discipline Employees for Offensive Speech. Traditionally, the National Labor Relations Act protected offensive or even abusive speech by employees when the worker is involved in...more
The National Labor Relations Board has traditionally applied separate tests to evaluate whether employee discipline violated the National Labor Relations Act, depending on the context of the underlying misconduct. This has...more
Yesterday, the National Labor Relations Board (NLRB) in General Motors LLC announced a big win for employers by changing the standard under which it will evaluate discipline issued to employees who make abusive or offensive...more
The National Labor Relations Board (NLRB) recently overturned a 2016 decision holding that an employer violates Sections 8(a)(5) and (1) of the National Labor Relations Act (NLRA) by failing to provide notice and an...more
On Tuesday, the National Labor Relations Board (NLRB) in 800 River Road Operating Company, LLC d/b/a Care One at New Milford, (Care One) issued a decision overturning the controversial Total Security Management decision....more
Yesterday, the National Labor Relations Board reversed course and held that employers may discipline employees represented by a newly elected union before a collective bargaining agreement is negotiated, and without having to...more
On June 5, 2020, the NLRB held, in Teamsters Local Union No. 735-S (Bemis Co., Inc.), 369 NLRB No. 97, that union officials’ retaliatory actions against members who participated in an investigation resulting in the discharge...more
The National Labor Relations Board (NLRB) delivered two New Year’s gifts to employers regarding deferral to arbitration and restrictions on union buttons....more
The Trump National Labor Relations Board (Board or NLRB) gifted employers a significant win on the eve of the Christmas holiday with its December 23 decision in United Parcel Service, Inc., 369 NLRB No. 1 (UPS), which...more
In yet another end-of-2019 decision overruling significant NLRA precedent, the Board reverted to the less stringent Spielberg / Olin standard for determining whether to defer to arbitration decisions in the context of Section...more
Overruling 2014 precedent, see Babcock & Wilcox Construction, 361 NLRB 1127 (2014), the National Labor Relations Board (Board), last week in UPS, Inc. 369 NLRB No. 1 (Dec. 23, 2019), returned to the standard that applied from...more
On December 23, 2019, the National Labor Relations Board (NLRB, or the Board) overturned an Obama-era decision regarding deference to labor arbitration proceedings....more
Overruling Obama-era precedent, on December 17 the National Labor Relations Board (Board) published two decisions that will significantly affect all employers. In a decision involving a Las Vegas employer, the Board held...more
Negative employee attitudes, chronic complaining, insubordination and gossiping are bad for the workplace. They can impact employee morale and productivity, and if spread outside of the organization, reflect very poorly on...more