A Retaliation Refresher: What's the Tea in L&E?
Social Media + Employees = Hot Mess
#BigIdeas2020: NLRB’s Actions Impact Employers in 2020 - Employment Law This Week® - Trending News
After several months without a functioning quorum, President Trump nominated James Murphy and Scott Mayer to fill vacant seats on the National Labor Relations Board late last week, signaling the potential for a significant...more
Unionization campaigns often become heated, resulting in claims and criticism by both management and organized labor that walk a fine line between protected speech and illegal intimidation....more
We often get a raised eyebrow or a confused look when discussing the National Labor Relations Act (NLRA) or National Labor Relations Board (NLRB). For companies free from union activity and free from following a collective...more
The Appellate Court’s recent decision in Robinson v. V.D. has a little something for any practitioner who deals with questions of constitutional law or civil procedure. Among other things, the decision held that statements...more
For the third time in eight years, both the National Labor Relations Board’s (“NLRB”) prosecutorial and adjudicative arms face a pending partisan overhaul after President-elect Trump’s inauguration on January 20, 2025....more
Can you prevent your employees from handing out pro-union paraphernalia if they’re on a paid break? After brewing on the issue, the D.C. Circuit says no, backing baristas in the first of five National Labor Relations Board...more
As we have been blogging during the Biden presidency, the National Labor Relations Board has become quite aggressive these days. The aggression toward employers has been shown in the types of conduct the Board finds to be...more
The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of...more
On June 1, 2023, in Glacier Northwest v. Teamsters, the United States Supreme Court ruled for the employer in a case with significant implications for the right of unions to strike and the right of employers to respond to...more
In Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local 174, No. 21-1449 (sl. op.), the U.S. Supreme Court revisited Garmon preemption. The Court reviewed the Washington state Supreme Court's dismissal of a...more
On June 1, 2023, in a resounding 8-1 decision, the United States Supreme Court granted employers an important victory by holding that the National Labor Relations Act and prior precedent did not preempt a state court tort...more
On June 1, 2023, the Supreme Court of the United States (SCOTUS) held that federal law does not preempt the right of an employer to sue a striking union for damages in state court if the union failed to take reasonable...more
In a memo issued on May 30, 2023, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo has taken the position that the offer, maintenance, and enforcement of overly broad noncompetition agreements offered to...more
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
In the latest swing away from recent precedent, the National Labor Relations Board (NLRB or Board) issued its ruling in Lion Elastomers LLC II, which overturns the 2020 General Motors LLC decision. These decisions address an...more
In a decision relevant for employers utilizing video surveillance equipment in the workplace and those considering the installation of video cameras, the National Labor Relations Board (NLRB) concluded that an employer...more
INTRODUCTION - 2021 was the first year of National Labor Relations Board under President Biden. For years, the Board’s decisions and its approach generally have swung back and forth depending on whether there was a...more
All unionized and nonunionized private sector employers should prepare now for the anticipated legal changes contemplated in the National Labor Relations Board’s latest general counsel memorandum, GC 21-04. The Memorandum,...more
A union’s use of Scabby the Rat (an inflatable rat “approximately 12 feet in height with red eyes, fangs, and claws”) and inflammatory banners targeting a neutral employer, without more, does not violate the National Labor...more
On Monday, the Board voted 3-1 to solicit public briefing on whether it should overrule the Johnnie’s Poultry Co., 146 NLRB 770 (1964) safeguards employees must receive if they are questioned by employers about their own or...more
In a critical reversal of Board precedent, the NLRB just unanimously held that employees engaging in abusive conduct in the course of protected concerted activities are not automatically shielded from discipline under the...more
Yesterday, the National Labor Relations Board (NLRB) in General Motors LLC announced a big win for employers by changing the standard under which it will evaluate discipline issued to employees who make abusive or offensive...more
On June 5, 2020, the NLRB held, in Teamsters Local Union No. 735-S (Bemis Co., Inc.), 369 NLRB No. 97, that union officials’ retaliatory actions against members who participated in an investigation resulting in the discharge...more
As we head into another election cycle, several CGA members have asked about their rights with respect to unwanted signature gatherers and other solicitors. We’ve heard many stories about belligerent signature gatherers who...more
The National Labor Relations Board (NLRB) closed 2019 with several decisions and rule changes that overturned recent board precedent and revived older, more employer-favorable standards. On December 16, 2019, the NLRB...more