Labor – Strike Participation – Back Pay Award
The National Labor Relations Board (NLRB) is granted enforcement of a back-pay award to a union employee that defendant discharged after her lawful participation in a strike. Background Melissa Turner...
View ArticleKeeping workers posted
It’s been on-again-off-again since late last year, but the National Labor Relations Board (NLRB) posting requirement is on for now, and isn’t likely to be delayed again. The NLRB is requiring that...
View ArticleSocial media: What happens at work isn’t staying at work
Life would be much easier for employers if employees stopped posting their complaints about work on Facebook, especially when supervisors are “friends.” The smartphone has made it possible for the...
View ArticleEmployers struggle with NLRB’s new rules
As the number of private sector unionized workers was increasing in 2011 from 7.1 million to 7.2 million workers, the National Labor Relations Board (NLRB) was busy implementing new game changing rules...
View ArticleLabor – Bargaining Order – Enforcement Ordered
The National Labor Relations Board correctly ordered an employer to bargain with a union after ruling that a piece of union election material did not taint the election. The employer’s objection to the...
View ArticleLabor – NLRB bargaining order upheld
Substantial evidence supports the National Labor Relations Board’s conclusion that the charge nurses petitioner employs are not supervisors under the National Labor Relations Act. The board correctly...
View ArticleLabor: Court correctly declined jurisdiction over bargaining dispute
The federal district court properly declined to assume jurisdiction over labor dispute between plaintiff employer and defendant union because the dispute was “primarily representational” and the...
View ArticleLabor – Employer must bargain with union after plant closing
The National Labor Relations Board correctly determined that defendant employer committed an unfair labor practice when it closed a union plant, transferred union members to an unorganized plant, and...
View ArticleNLRB opinions on social media issues leave questions unanswered
Employers struggling with creating rules regarding their employees’ social media activities received a little guidance from the National Labor Relations Board (NLRB) in the form of two decisions — the...
View ArticleRenewed scrutiny: Focus on ‘concerted activity’ increases litigation against...
In his convention speech on the occasion of his second nomination, President Barack Obama — reprising FDR’s New Deal populism — proclaimed that his administration would engage in “bold, persistent...
View ArticleWhen staff complains, law firms should listen
A group of staffers at a Florida law firm showed up at the office all sporting orange shirts. Management wondered what it meant. The firm’s top brass didn’t spend a lot of time pondering the point,...
View ArticleNLRB: Manager wrong to question employee’s loyalty via text
In what appears to be a first-of-its kind decision, the National Labor Relations Board determined that an employer committed an unfair labor practice when one of its managers asked an employee a...
View ArticleCan employers legally stop workers from taking selfies?
A federal appeals court ruled that an employer could not maintain a rule prohibiting audio or video recording in the workplace, becoming the second such court to determine that such a policy violates...
View ArticleCommentary: NLRB philosophical shift is good news for employers
The past eight years have been tough for employers when it comes to maintaining reasonable policies for employees.
View ArticleFour for four: NLRB decisions benefit employers
Over two short days in mid-December, the National Labor Relations Board issued four historic decisions that will impact workplace law for years to come.
View ArticleNLRB proposal eyes clarity on joint employment
A rule proposal from the National Labor Relations Board sets out to provide more clarity for what is considered a joint-employer relationship.
View ArticleThat arbitration agreement might need some revisions
Many employers have incorporated arbitration agreements into their standard human resources process, and gained much value from them. They bring efficiency, cost savings, confidentiality and a certain...
View ArticleNLRB poised to trim protections for offensive comments
Under what circumstances — if any — does the National Labor Relations Act require an employer to tolerate an employee’s use of sexually or racially offensive language in the workplace, notwithstanding...
View ArticleLabor Law – Fair representation — Inadvertence
Where the National Labor Relations Board found that a union violated the National Labor Relations Act by not promptly notifying an employer that one of its employees had resigned from the union, the...
View ArticleNLRB: Manager wrong to question employee’s loyalty via text
In what appears to be a first-of-its kind decision, the National Labor Relations Board determined that an employer committed an unfair labor practice when one of its managers asked an employee a...
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