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Wal-Mart Employment Policies

Venable LLP

NLRB Rules That Workplace Policies Restricting Wearing of Union Insignia Are Unlawful Absent "Special Circumstances"

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​​​​​​​In a recent 3-2 decision titled Tesla, Inc., the National Labor Relations Board (NLRB) ruled that workplace policies restricting the wearing of union insignia or apparel are presumptively unlawful, even if those...more

Payne & Fears

NLRB Makes It Harder for Employers to Enforce Dress and Uniform Policies

Payne & Fears on

On Aug. 29, 2022, the National Labor Relations Board (“NLRB”) issued its decision in Tesla, Inc., 371 NLRB No. 131 (2022), one of the first major decisions by the now Democratic-controlled board to overrule a decision from...more

Franczek P.C.

Your Neutral Uniform Policy May Violate the NLRA

Franczek P.C. on

In Tesla Inc., the National Labor Relations Board (“Board”) recently reversed a 2019 decision in Wal-Mart Stores Inc. that gave employers leeway when adopting neutral non-discriminatory dress codes. Instead, the Board applied...more

Benesch

NLRB Overturns a Trump-Era Precedent; Employers Cannot Ban Union Insignia

Benesch on

​​​​​​​On August 29, 2022, the National Labor Relations Board (the “Board”) issued a precedent-shifting decision ruling that it was unlawful for Tesla Inc. to prohibit employees from wearing shirts bearing union insignia....more

Stokes Wagner

NLRB Redefines “Union Solicitation”

Stokes Wagner on

Many employers have “no solicitation” policies for the workplace, prohibiting employees from soliciting for causes of any kind at work. These policies can be tricky to enforce when union solicitation is at issue....more

Proskauer - Labor Relations Update

NLRB Redefines “Solicitation,” Broadening Conduct that may be Considered Unprotected

On May 29, 2020, the NLRB issued an important opinion overruling two decisions in order to define the term “solicitation” in a manner consistent with prior Board decisions and the dictionary definition of the term. Wynn Las...more

Proskauer - California Employment Law

Ninth Circuit Affirms $54.6 Million Verdict In Favor of Wal-Mart Truckers

In this class action, truckers for Wal-Mart alleged they should have been but were not paid for layovers, rest breaks and inspections. The district court determined and the Ninth Circuit affirmed that the time drivers spent...more

Proskauer - Labor Relations Update

Buttoning Up Rules on Union Insignia – Board Makes It Easier for Employers to Restrict Size and Scope of Union Buttons For Those...

The Board continues churning out precedent-setting decisions as year-end approaches. Two days before the Christmas holiday, in Wal-Mart Stores, Inc., 368 NLRB No. 146 (Dec. 16, 2019), the NLRB applied its new view on handbook...more

Benesch

NLRB Blesses Wal-Mart Policy Restricting Union Insignia at Work

Benesch on

Just before Christmas, the National Labor Relations Board (“NLRB”) evaluated two dress code policies limiting - but not prohibiting - employees from wearing union insignia at work. Wal-Mart Stores, Inc., 368 NLRB No. 146...more

U.S. Equal Employment Opportunity Commission...

Walmart to Pay $80,000 and Implement Nationwide Change in Policy to Settle EEOC Disability Lawsuit

Giant Retailer Refused to Accommodate Disabled Employee with Reassignment to a Nearby Store, Federal Agency Charged - BANGOR, Maine - Walmart Inc. will pay $80,000 and implement nationwide changes to its disability...more

Sheppard Mullin Richter & Hampton LLP

The NLRB Confirms that Intermittent Strikes in Furtherance of the Same Goal are Unprotected

The National Labor Relations Act’s (NLRA or Act) Section 7 grants to all employees — regardless of whether they are unionized or not — the right to engage in protected concerted activity (PCA). Accordingly, an employer may...more

Proskauer - Labor Relations Update

Employer’s Discipline of Employees Engaging In “Intermittent Strikes” Lawful: NLRB Majority

This summer has been punctuated by walkouts. We have seen walkouts in support of a $15 minimum wage and walkouts to protest the sale of goods to the government. Walking off the job is, of course, a staple of labor action, and...more

Snell & Wilmer

Construction Industry Update Regarding Marijuana: Arizona and Nevada Laws Continue to Evolve

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Employers in the construction industry, particularly multi-state operators, may face challenges with new legislation in Nevada and a new case interpreting Arizona’s medical marijuana law. ...more

Obermayer Rebmann Maxwell & Hippel LLP

Employers Should Continue to Exercise Caution Regarding Marijuana Policies

As more states implement laws legalizing marijuana in some form or another, employers should pay close attention to whether those statutes include protections for covered individuals. A previous post in HRLegalist outlined...more

Snell & Wilmer

Let’s Get Out of the Weeds; Understanding Arizona’s Medical Marijuana Laws

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Can an employer terminate the employment of a medical marijuana cardholder who tests positive after a work-related injury? A recent decision tackles this question and represents a first look at the legal issues under...more

Troutman Pepper

No Smoking = No Vaping?

Troutman Pepper on

The days of lighting up at the office are making a comeback in some workplaces, thanks to the growing popularity of electronic cigarettes. According to the Centers for Disease Control, in 2013, one in five adult smokers...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ninth Circuit Revives Police Officers’ Age Bias Class Action Over Scrapped Exam

Stockwell v. City & County of San Francisco, No. 12-15070 (April 24, 2014): In a recent decision, the Ninth Circuit Court of Appeals diluted the Supreme Court of the United States’ holding in Wal-Mart Stores, Inc. v. Dukes,...more

Dorsey & Whitney LLP

Quirky Question #228, E-Cigarettes: To Vape or Not to Vape at the Workplace”

Dorsey & Whitney LLP on

Our California company has a no smoking policy but had not thought to include a ban on e-cigarettes, as we had not experienced any problems with them at the workplace until now. A handful of our employees use e-cigarettes...more

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