News & Analysis as of September 21, 2024

Anti-Harassment Policies

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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 -

Post-Chevron Employment Law Regulations: What to Expect

ArentFox Schiff on 7/30/2024

Forty years ago, the US Supreme Court’s decision in Chevron USA, Inc. v. National Resources Defense Council, 46 US 837 (1984), upended administrative law practice. In brief, that case, for which the “Chevron doctrine” is...more

Q3 Employment Law Updates: Enforcement Actions Bring Much for Employers to Consider

DarrowEverett LLP on 10/11/2023

The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of...more

NLRB Ruling Limits Employers’ Ability to Discipline in Response to Abusive Conduct

Smith Gambrell Russell on 5/8/2023

On May 1, 2023, the National Labor Relations Board (“NLRB”) issued its decision in Lion Elastomers LLC II, 372 NLRB No. 83 reversing its 2020 ruling in General Motors LLC, 369 NLRB No. 127, and creating an inconsistent...more

SuperVision - Labor and Employment Insights, Issue 3, 2022

Spilman Thomas & Battle, PLLC on 9/9/2022

The NLRB Proposes to Re-Re-Revise Its Joint Employer Standard - On September 6, 2022, the National Labor Relations Board issued a notice of proposed rulemaking regarding the standard for determining joint employer status...more

Profanity or Protected Speech?

Akerman LLP - HR Defense on 8/30/2022

Imagine this, an employee writes profanity (“whore board”) on a company bulletin board, the employer terminates the employee for the profanity, and the National Labor Relations Board (“NLRB”) holds that the employee’s...more

Explicit Graffiti Case Illuminates The Necessity of Consistent and Uniform Enforcement of Anti-Bias Workplace Rules

Amundsen Davis LLC on 8/15/2022

In Constellium Rolled Products Ravenswood v. NLRB, the U.S. Court of Appeals for the District of Columbia Circuit addressed the tension between a worker’s Section 7 protected and concerted activity rights under the National...more

Nasty language may be protected concerted activity, court says

Constangy, Brooks, Smith & Prophete, LLP on 8/12/2022

Non-union employers, this goes for you, too! An employee's use of bad language doesn't necessarily mean that the employer can take action against him. Even if the language arguably violates the employer's no-harassment...more

NLRB Holds that Leaflet Outlining Consequences for Threatening Workers Is Not Unlawful

Proskauer - Labor Relations Update on 12/28/2020

In adopting the ALJ’s Recommended Order in S&S Enterprises, LLC d/b/a Appalachian Heating, Case No. 09-CA-235304, the NLRB found that a leaflet distributed by the employer during union organizing efforts, which stated that it...more

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

Spilman Thomas & Battle, PLLC on 9/4/2020

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

OFCCP Week In Review: July 2020 #4

DirectEmployers Association on 7/27/2020

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

The BakerHostetler Quarterly New York Employment Law Newsletter - Fall 2019

BakerHostetler on 10/8/2019

Welcome to the fall edition of the BakerHostetler Quarterly New York Employment Law Newsletter. We are pleased to share our analysis of some key employment trends, in-depth discussions regarding recent developments and what...more

[Podcast]: The Employment Law Landscape in 2019

Proskauer - Law and the Workplace on 3/8/2019

In this episode of The Proskauer Brief, partner Evandro Gigante and associate Arielle Kobetz discuss the labor and employment landscape in 2019, including some significant laws set to go into effect this year, as well as...more

II-35- The New Sexual Harassment Training/Policy Requirements in New York State and New York City

Cozen O'Connor on 9/26/2018

This special episode discusses the new sexual harassment training and policy requirements imposed by New York State and New York City (following a brief discussion of a significant development on joint employer liability)....more

Lessons for Employers in the Case of a Former Google Software Engineer Fired for Violating Company Anti-Discrimination Policies

Hinshaw & Culbertson LLP on 2/26/2018

Earlier this week, an NLRB attorney issued an advice memo concluding that software giant Google did not violate Section 7 of the National Labor Relations Act ("NLRA"), when the company terminated software engineer James...more

New Year, New Resolutions: Reviewing, Updating and Even Eliminating Policies

Maynard Nexsen on 1/24/2017

For employers across the Carolinas, the New Year presents the ideal opportunity to review and update important company policies. In some instances, there may be policies that need to be eliminated altogether. This article...more

That is SO last week - October 2015 #4

Zelle LLP on 10/27/2015

Last week, the Second Circuit Court of Appeals issued its summary decision in Triple Play Sports Bar and Grille. Affirming the National Labor Relations Board, the Court held that an employee’s Facebook comments about working...more

Employment Law - October 2015 #2

Manatt, Phelps & Phillips, LLP on 10/19/2015

Take the Cure: New California Law Permits Corrections of Wage Statement Violations - Why it matters: Employers may want to review their wage statements after Governor Jerry Brown signed a new law that permits them...more

Unfortunately, Offensive Racial Comments Don’t Always Get You Fired (At Least Under Labor Law)

Foley & Lardner LLP on 6/24/2015

Under the National Labor Relations Act, certain union activities are considered “protected.” That is, employees engaging in union activity, or union representatives carrying out their duties in the context of grievance...more

"WTF", Under the NLRB, Employers Should "Cut the Crap?" The NLRB on Employer Rules, Handbooks, and Increased Employee...

Burr & Forman on 6/15/2015

As you have likely seen by now, on March 18, 2015, the National Labor Relations Board Office of the General Counsel ("GC") issued an extensive memorandum offering guidance on employer rules and handbooks. This memorandum...more

NLRB General Counsel's Recent Report on Work Rules Tracks Areas to Watch - Employers of Union and Non-Union Work Forces Need to Be...

Holland & Knight LLP on 5/19/2015

For the last several years, the National Labor Relations Board (NLRB or the "Board") has engaged in a well-publicized expansion of scrutiny for employer work rules and has liberally identified those rules that it believes...more

NLRB Orders Reinstatement of Employees Fired Over Discussion on Facebook

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/22/2013

In Hispanics United of Buffalo, Inc., 359 NLRB No. 37 (Dec. 14, 2012), the National Labor Relations Board (NLRB) found that an employer violated section 8(a)(1) of the National Labor Relations Act (NLRA) by firing five...more

NLRB: Employer’s Harassment Investigation Lawful, But Not Resulting Discipline

Proskauer - Labor Relations on 10/1/2012

As the end of its fiscal year approaches (September 30), the NLRB pushes more decisions out than it has in the last several weeks. Not a whole lot are of note, honestly. There seems to be an uptick of default judgments being...more

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