News & Analysis as of September 20, 2024

Title VII

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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 -

Q2 Employment Law Updates: Non-Competes, Religious Accommodation and More

DarrowEverett LLP on 7/18/2023

So far, 2023 has been a wild ride for employers, a theme that looks to be continuing into the third quarter of the year. While certain predictions we made during Q1 came true in Q2 (we are looking at you, NLRB), others such...more

Busy Inside the Beltway: Recent Activity by the DOL, EEOC, NLRB and FTC

BCLP on 6/8/2023

Federal agencies responsible for employment-related matters have been busy in recent weeks issuing guidance, updated workplace posters, and more. Let’s get caught up...more

NLRB Returns to Liberalized Section 7 Protection for Workplace Misconduct Incidents

Morgan Lewis on 5/5/2023

The National Labor Relations Board’s recent decision in Lion Elastomers reinstated setting-specific standards to assess how employers respond to employee misconduct, including potentially profane, discriminatory, and...more

NLRB Upends Context-Specific Tests for Profane Conduct, Folding Such Discipline Into Traditional Motivation Tests For Evaluating...

Proskauer - Labor Relations Update on 7/23/2020

In another long-anticipated decision, on July 21, 2020, in General Motors LLC, 369 NLRB No. 127 (2020), the Board replaced three context-specific rules for determining whether certain abusive conduct committed by employees is...more

A Return to Workplace Civility: The NLRB Adopts the Wright Line Burden-Shifting Approach to Section 7 Speech

Littler on 7/23/2020

During a pandemic, protests, and a polarized election season, employers have walked an ever-increasingly fine line between protecting employee speech in the workplace and enforcing rules on workplace conduct....more

NLRB Reverses Position on Confidentiality Concerning Workplace Investigations – Holds That Confidentiality Requirements Are...

Epstein Becker & Green on 12/24/2019

The National Labor Relations Board, in its December 17th decision in Apogee Retail LLC d/b/a Unique Thrift Store, has reversed its prior rule and held that employer requirements that employees treat workplace investigations...more

EEOC Petitions the NLRB to Change Legal Test for Considering Whether Employee Racial Outbursts are Protected NLRA Activity

Hinshaw & Culbertson LLP on 12/4/2019

In response to an amicus brief submitted by the Equal Employment Opportunity Commission (EEOC), the National Labor Relations Board (NLRB) has agreed to review General Motors LLC, a case which reveals a tension between the...more

2018 Employment and Labor Law Update: The Year of #MeToo (Presentation)

Jackson Walker on 10/31/2018

Gary Fowler and John Jansonius presented "2018 Employment and Labor Law Update: The Year of #MeToo" at the 20th annual Labor & Employment Law Symposium on Oct. 11, 2018 at the Westin Galleria Hotel....more

Don’t Call It A Comeback: The “Return” Of Workplace Civility Rules

Fisher Phillips on 3/7/2018

Dear Susan, I have to tell you about a situation that has been occurring between John and myself. But it’s not what you think! Well, maybe it is. I don’t know. I’m hoping that, as our supervisor, you can help me. To put it...more

Google now sued by fired engineer from other end of the political spectrum

Greenberg Glusker LLP on 2/26/2018

Employment partner Wendy Lane was quoted in a February 23, 2018, Daily Journal article about a new discrimination lawsuit filed in San Francisco against Google by former engineer Tim Chavalier. Chavalier claims he was fired...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

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

Employment Law - October 2016

Manatt, Phelps & Phillips, LLP on 10/11/2016

Employers Can’t Arbitrate Any Issues Related to PAGA Claim - Why it matters - The California Supreme Court’s decision in Iskanian v. CLS Transportation Los Angeles forecloses an employer’s ability to require a...more

English-Only Policies in the Age of Multiculturalism

Fisher Phillips on 6/7/2016

The United States has long been referred to as a melting pot. But, some commentators challenge this notion, offering instead that the United States is more akin to a meal of separate and diverse ingredients; an orchestra of...more

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National Labor Relations Board › Section 7 › Title VII

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