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Termination The National Labor Relations Act Employer Liability Issues

BakerHostetler

Next Up in the NLRB’s Line of Fire: Protection for Employee Displays of Religious, Social, and Political Messaging

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On February 21, 2024, the National Labor Relations Board (NLRB or the Board) ruled that Home Depot violated Section 7 of the National Labor Relations Act (NLRA or the Act) when it effectively terminated an employee after the...more

Benesch

Starbucks Union Dispute Reaches Supreme Court

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On Friday, January 12, the United States Supreme Court agreed to hear an appeal from Starbucks on a case involving the termination of seven Memphis, Tennessee employees....more

Dorsey & Whitney LLP

U.S. National Labor Relations Board Restricts Confidentiality and Non-Disparagement Terms for Separation and Release Agreements

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Employers have frequently included confidentiality and non-disparagement terms in their separation and release agreements. Confidentiality terms help ensure that employees won’t brag to coworkers about large payouts and...more

WilmerHale

NLRB Restricts Use of Confidentiality and Non-Disparagement Provisions

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On February 21, 2023, the National Labor Relations Board (the “Board”) issued a decision restricting the use of confidentiality and non-disparagement provisions in severance agreements with departing employees....more

Dorsey & Whitney LLP

Can employers require employees to accept confidentiality and non-disparagement obligations in exchange for severance pay?

Dorsey & Whitney LLP on

Employee reductions and terminations are an unfortunate result of economic downturns. Even during good economic times, many companies face the need to reduce their workforce or terminate the employment of individual...more

Miles & Stockbridge P.C.

NLRB Restricts Use of Confidentiality and Nondisparagement Clauses in Severance Agreements

The National Labor Relations Board last week sent employers into a frenzy over their severance agreements when it declared most standard nondisparagement and confidentiality provisions unlawful and held that even the mere...more

Rivkin Radler LLP

The Employment Law Reporter - January 2022

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Here is what we cover in this issue of The Employment Law Reporter: •The U.S. Court of Appeals for the Second Circuit has affirmed a district court’s decision dismissing employment discrimination claims brought by a...more

Genova Burns LLC

Stepping In Where Unions Have Failed, NYC Council Imposes Just Cause Standard On Non-Union Employers

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As our readers may be aware, in March 2021, New York City passed an ordinance requiring fast food employers to have just cause to discharge their employees, where discharge includes termination, constructive discharge,...more

Constangy, Brooks, Smith & Prophete, LLP

The Insidious Deception That Is "Employment At Will"

Employers, don't get played. "This is an employment-at-will state, and I can fire you for a good reason, a bad reason, or no reason at all." Oh, yeah?... ...more

Bradley Arant Boult Cummings LLP

NLRB Concerted Activity Claims on the Rise

Two recent advice memos issued by the National Labor Relations Board (NLRB) provide further guidance on the issue of “protected concerted activity” under Section 7 of the National Labor Relations Act (NLRA), commonly referred...more

Littler

NLRB Returns to Time-Honored Standard for Post-Arbitral Deferral

Littler on

The National Labor Relations Board recently overturned a decision issued in 2014 and returned to its time-honored standard for post-arbitral deferral in unfair labor practice cases alleging discipline or discharge in...more

FordHarrison

How the Misconception of ‘Free Speech’ in the Workplace Persists through High-Profile Examples of Social Consciousness

FordHarrison on

With the NBA season set to begin this month, so many eagerly anticipated storylines are being discussed. Would the Clippers and Lakers live up to expectations and make Los Angeles the place to be this season? How are teams...more

Fox Rothschild LLP

Even Profane Emails Of Employees May Be Federally Protected

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Employee emails referencing an employer’s unfair labor practices may be protected under the federal National Labor Relations Act, even if such speech may seem inappropriate. An NLRB (Board) ruling on this issue was affirmed...more

Faegre Drinker Biddle & Reath LLP

NLRB Limits Definition of 'Concerted' Activities by Employees

The National Labor Relations Board (NLRB) will find a violation of federal labor law when employees are disciplined or discharged for engaging in protected concerted activities. The key element is that employees must be...more

Sherman & Howard L.L.C.

Facebooking Misappropriated Employer Form Is Not Protected Activity

On June 11, 2018, the National Labor Relations Board (Board) Division of Advice applied the Board’s new Boeing standard for assessing employer policies. The Division advised that an employer did not violate the NLRA when it...more

Jackson Lewis P.C.

Reminder To Employers: Even The “New” NLRB Will Not Bail You Out If You Terminate An Employee (Union Or Non-Union) Who Discusses...

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On Friday, May 4, 2018, the National Labor Relations Board ruled that a janitorial services company violated the National Labor Relations Act when it terminated an employee who pursued wage theft claims and discussed the...more

Husch Blackwell LLP

D.C. Circuit To The NLRB: Lying Is Not Protected Activity

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Last week, the U.S. Court of Appeals for the D.C. Circuit reversed and remanded a pro-employee Board decision concerning an employee who had been discharged based on the “disparaging content” of the testimony he made before...more

McGuireWoods LLP

Employer Did Not Violate The Act When It Terminated Employee Organizer Who Violated Hotel Security Protocols To Deliver Petition

McGuireWoods LLP on

In KHRG Employer, LLC d/b/a Hotel Burnham & Atwood Cafe, 366 NLRB No. 22 (Feb. 28, 2018), a unanimous panel of the Board held that the employer did not violate the Act when it fired an employee who breached internal security...more

Constangy, Brooks, Smith & Prophete, LLP

Executive Labor Summary - January / February 2018

NEWS & ANALYSIS- NLRB’s Emanuel under fire, and “joint employment” standard is in doubt. After a brief window of time in late 2017 when Republican Members outnumbered Democratic Members on the National Labor Relations Board,...more

Sheppard Mullin Richter & Hampton LLP

Considering Offering Severance Pay in Exchange for Certain Post-Employment Obligations? Think Again.

An employer violated employee’s labor rights by offering her a separation agreement that contained unlawful terms ruled a National Labor Relations Board (“NLRB”) administrative law judge (“ALJ”) in Baylor Univ. Med. Ctr.,...more

Womble Bond Dickinson

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

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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

Jackson Lewis P.C.

Top Five Labor Law Developments For September 2017

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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

Proskauer - Labor Relations Update

The Devil Is In the Details: New Board Members Likely To Change Law In Nuanced Ways

The end of September in most years sees a spate of new NLRB decisions, sometimes dozens, issued on or about September 30, to coincide with the end of the agency’s fiscal year. Not so this past September 30 because of the...more

Jackson Lewis P.C.

Discharge Of Employee Who Protested Illegal Policy By Himself Ran Afoul Of NLRA, Federal Appeals Court Rules

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An employee who was discharged after protesting an admittedly illegal policy was entitled to reinstatement and back pay despite having acted on his own, the federal appeals court in New York has ruled, enforcing a National...more

Clark Hill PLC

Employer Discretion to Terminate Employees for Off-Duty Conduct in the Age of Charlottesville

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Before the rise of social media, employees' off-duty conduct was generally unknown to an employer, even if that conduct involved violence or unlawful conduct. On August 12, 2017, it took mere hours before the participants in...more

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