News & Analysis as of September 21, 2024

Employer Liability Issues

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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 -

Illinois Makes Move to Ban Employer-Sponsored Meetings

Littler on 8/5/2024

For over 75 years, the National Labor Relations Board and courts (including the U.S. Supreme Court) have held the right of employees to make informed choices about unions is best served when employers share competing...more

NLRB General Counsel Urges Board to Find Captive Audience Speeches are Unlawful

Franczek P.C. on 4/19/2022

For decades, employers have been permitted to hold mandatory meetings or “captive audience speeches” in response to union organizing campaigns to present the company’s position on unionization. On April 7, 2022, the National...more

NLRB Protects ‘Scabby the Rat’ Instead of Neutral Parties

Morgan Lewis on 7/26/2021

The National Labor Relations Board, in one of its most significant decisions in recent years on “union protest” issues, has substantially eroded the protection given to “neutral” parties when unions erect large inflatable...more

Absolute Freedom to Tweet? Employers (and the NLRA) May Have Something to Say About It

Bradley Arant Boult Cummings LLP on 1/27/2021

Do you need a social media policy or are the legal obstacles just too much? Now more than ever, people are exercising their First Amendment right to free speech, which, not surprisingly, can cause heartburn at the workplace....more

25th Annual Labor & Employment Seminar - The Labor & Employment Year in Review: Is It Over Yet? West Coast Session

Hinshaw & Culbertson - Employment Law... on 11/9/2020

Monday, October 26 - The Labor & Employment Year in Review: Is It Over Yet? Hinshaw labor and employment attorneys from the Midwest, East Coast, and West Coast addressed developments in the ever-changing landscape of...more

The Election Season Is Upon Us: Guidance for Managing Political Expression in the California Workplace

Farella Braun + Martel LLP on 10/27/2020

In a year of extraordinary events, this election has been more divisive and controversial than any other in recent history. Many employers are grappling with how they should manage political expression in the workplace. An...more

Employer “Dislike” Button—Disciplining Employees For Noxious Social Media Posts

Seyfarth Shaw LLP on 9/28/2020

Seyfarth Synopsis: With the most contentious election of our lifetimes fast approaching, we might expect employees to engage in political conduct and share strong, controversial opinions while off duty, especially on social...more

Best Practices For Addressing Negative Social Media Posts Caused By The COVID-19 Pandemic

Fisher Phillips on 8/6/2020

As the COVID-19 pandemic continues, the healthcare industry is understandably fraught with unease and uncertainty. This, coupled with the ubiquity of social media, creates challenges for healthcare providers facing public...more

When Twitter Fingers Cross a Line: An Employer’s Guide to Navigating Offensive Off-Duty Employee Conduct

Miles & Stockbridge P.C. on 6/15/2020

You don’t need a legal blog to tell you that the country is in a state of extreme unrest regarding the killings of George Floyd, Ahmaud Arbery, Breonna Taylor and so many other Black people, at the hands of police and in...more

D.C. Circuit Vacates NLRB Decision, Reinforcing Board’s Limited Jurisdiction over Religious Schools

Proskauer - Labor Relations Update on 2/3/2020

Similar to other disagreements between the NLRB and D.C. Circuit, a tension developed during the last several years regarding the appropriate standard to determine whether teachers at religious schools are covered by the NLRA...more

D.C. Circuit Rejects NLRB’s Attempt to Certify Union Vote by University Adjunct Faculty

Littler on 2/3/2020

The D.C. Circuit recently rebuffed the National Labor Relations Board’s attempt to assert jurisdiction over adjunct faculty at Duquesne University, a religious college. Duquesne University v. NLRB, No. No. 18-1063 (D.C. Cir....more

A Decade In Review: Workplace Law In The 2010’s

Fisher Phillips on 1/2/2020

When the calendar turned to January 1, we not only saw the dawn of a new year but the beginning of a new decade. It’s natural, at such a turning point, to spend some time looking back on what has transpired in the past 10...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

[Podcast]: Looking Back: Highlights in Labor and Employment Law from 2018

Proskauer - Law and the Workplace on 1/25/2019

In this episode of The Proskauer Brief, partner Steven Hurd and partner Adam Lupion discuss developments from some of the key cases in labor and employment law in 2018. We will discuss notable cases from the United States...more

Web Exclusive - June 2018: The Top 18 Labor And Employment Law Stories

Fisher Phillips on 7/10/2018

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

Beltway Buzz - December, 2017 #2

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/11/2017

Another hectic week here in D.C. has us feeling like we’re living in a glass case of emotion. Here’s why...more

There’s no debate: freedom of speech presents challenging legal issues for workers and employers in the age of social media

Womble Bond Dickinson on 11/3/2017

John Pueschel, partner in the Winston-Salem office of Womble Bond Dickinson, examines the limits on employee free speech and use of social media against the background of recent events at Google and in Charlottesville....more

Top Five Labor Law Developments For September 2017

Jackson Lewis P.C. on 10/19/2017

An employer violated the National Labor Relations Act when it discharged an employee who protested an unlawful confidentiality policy, even though the employee protested without the involvement of any coworkers, the U.S....more

Athletes and Employees Speak Out: Do Your Employment Practices Drop the Ball in Addressing Diversity, Controversial Speech, or...

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/19/2017

With the 2017-18 National Football League (NFL) regular season and National Basketball Association (NBA) pre-season underway, many spectators are excited to don their favorite players’ jerseys and cheer on their teams. Yet in...more

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National Labor Relations Board › First Amendment › Employer Liability Issues

Illinois Makes Move to Ban Employer-Sponsored Meetings

NLRB General Counsel Urges Board to Find Captive Audience Speeches are Unlawful

NLRB Protects ‘Scabby the Rat’ Instead of Neutral Parties

Absolute Freedom to Tweet? Employers (and the NLRA) May Have Something to Say About It

25th Annual Labor & Employment Seminar - The Labor & Employment Year in Review: Is It Over Yet? West Coast Session

The Election Season Is Upon Us: Guidance for Managing Political Expression in the California Workplace

Employer “Dislike” Button—Disciplining Employees For Noxious Social Media Posts

Best Practices For Addressing Negative Social Media Posts Caused By The COVID-19 Pandemic

When Twitter Fingers Cross a Line: An Employer’s Guide to Navigating Offensive Off-Duty Employee Conduct

D.C. Circuit Vacates NLRB Decision, Reinforcing Board’s Limited Jurisdiction over Religious Schools

D.C. Circuit Rejects NLRB’s Attempt to Certify Union Vote by University Adjunct Faculty

A Decade In Review: Workplace Law In The 2010’s

Board Upholds Enforcement of Pre-Hire Arbitration Agreement

[Podcast]: Looking Back: Highlights in Labor and Employment Law from 2018

Web Exclusive - June 2018: The Top 18 Labor And Employment Law Stories

Beltway Buzz - December, 2017 #2

There’s no debate: freedom of speech presents challenging legal issues for workers and employers in the age of social media

Top Five Labor Law Developments For September 2017

Athletes and Employees Speak Out: Do Your Employment Practices Drop the Ball in Addressing Diversity, Controversial Speech, or...

Racism in Your Spare Time: What Are The Legal Limits for Employers?

Google and Charlottesville Events Raise Questions for Companies Regarding Employee Political Views

What Can A California Employer Do About Off Duty Conduct?

WTF?!

Employment Flash (June 2014)

National Labor Relations Board › First Amendment › Employer Liability Issues

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