Each government agency has set its own standard for determining whether a worker is properly classified as an employee or an independent contractor. Employers need to take into account the tests used by different federal...more
Abruzzo has been busy. Within the last few months, she has issued two notable memorandums that could have significant impacts on how employers must comply with the National Labor Relations Act (“NLRA”). It is important to...more
6/5/2023
/ Federal Trade Commission (FTC) ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Compete Agreements ,
Policy Memorandums ,
Proposed Rules ,
Proprietary Information ,
Public Comment ,
Restrictive Covenants ,
Section 7 ,
Severance Agreements
What happens when an employee starts yelling at the boss, makes profane social media posts about work, or engages in other “abusive conduct?” In many cases, employers can follow their own policy and impose discipline if...more
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
3/3/2023
/ Confidentiality Agreements ,
Contract Terms ,
Employer Liability Issues ,
Hiring & Firing ,
NLRA ,
NLRB ,
Non-Disparagement Provisions ,
Release Agreements ,
Section 7 ,
Separation Agreement ,
Severance Agreements ,
Termination
On July 21, 2020, the National Labor Relations Board (NLRB) (once again) modified its standard for determining whether employees have been lawfully disciplined or discharged after making abusive or offensive statements,...more
As many states progress through different phases of reopening, companies are preparing for their employees to return to work. Employers are also noting, however, that some states are seeing COVID-19 cases surge....more
7/22/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
EDD ,
Employer Responsibilities ,
Families First Coronavirus Response Act (FFCRA) ,
Health and Safety ,
NLRA ,
OSHA ,
Popular ,
Re-Opening Guidelines ,
Risk Management ,
State and Local Government ,
Workplace Safety
A recent decision by the National Labor Relations Board (the “NLRB” or “Board”) makes it easier for employers to change workplace rules without discussing the change with the union representing their employees.
As...more
9/13/2019
/ Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Contract Drafting ,
Contract Negotiations ,
Employer Liability Issues ,
Employer Rights ,
Employment Policies ,
NLRA ,
NLRB ,
Terms and Conditions ,
Unilateral Modification ,
Unions
On July 3rd, the 8th Circuit held that disparaging statements made by Jimmy John’s employees in a labor dispute were not entitled to National Labor Relations Act (“NLRA” or “The Act”) protections – because the actions were...more
7/11/2017
/ Corporate Counsel ,
Disparagement ,
Employer Liability Issues ,
Employment Policies ,
Franchises ,
Hiring & Firing ,
Jimmy John's ,
NLRA ,
NLRB ,
Objective Falsity ,
Protected Concerted Activity ,
Section 7 ,
Sick Leave ,
Social Networks ,
Union Elections
Use of profanity by employees, whether in the workplace, outside the workplace, or on social media, presents difficult legal issues for the employer, as highlighted by a recent Second Circuit Court of Appeals decision...more
Employers who require employees to sign arbitration agreements as a condition of employment should take care: A split is developing among the federal appellate courts regarding the enforceability of so-called “concerted...more
Question: I am a manager in a medium-sized retailer that has locations and employees in 16 states. The company maintains a social media policy, which was recently updated. ...more
5/25/2016
/ Administrative Law Judge (ALJ) ,
Chipotle Grill ,
Discipline ,
Facebook ,
NLRA ,
NLRB ,
Popular ,
Protected Concerted Activity ,
Section 7 ,
Social Media ,
Social Media Policy ,
Twitter
Employees have increasingly voiced concerns on social media regarding their employment, often including specific statements about their employers. As previously discussed on this blog, an employee’s Facebook post related to...more
3/28/2016
/ Administrative Law Judge (ALJ) ,
Chipotle Grill ,
Facebook ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7 ,
Social Media ,
Twitter ,
Wages ,
Working Conditions
A recent ruling of the National Labor Relations Board (“NLRB” or the “Board”) dramatically expands the circumstances in which the Board will hold companies responsible for the labor practices of their staffing agencies,...more
9/3/2015
/ Best Management Practices ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Franchisee ,
Joint Employers ,
NLRA ,
NLRB ,
Right to Control ,
Staffing Agencies ,
Subcontractors ,
Temporary Employees ,
Unions
On March 18, 2015, NLRB General Counsel Richard Griffin published a Report concerning recent case developments arising in the context of employee handbook rules and policies. The thirty-page Report concludes that many...more
When employers hear “NLRB,” they immediately think “union.” This connection is understandable because, at least historically, the main focus of the National Labor Relations Board (the “NLRB”) has been union-related issues....more