News & Analysis as of

Retaliation National Labor Relations Board

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

NLRA Preempts New Jersey Whistleblower and Antidiscrimination Law Claims, Federal Court Rules

In Davis v. Benihana, Inc., the U.S. District Court for the District of New Jersey dismissed the plaintiff-employee’s claims for retaliation under the New Jersey Conscientious Employee Protection Act (CEPA) and New Jersey Law...more

Jackson Lewis P.C.

Puerto Rico High Court Confirms Employers Need to Check NLRA Preemption of Local Employment Law Claims

Jackson Lewis P.C. on

The Puerto Rico Supreme Court has reaffirmed that Puerto Rico courts lack subject-matter jurisdiction over employment claims that arguably involve unfair labor practices covered by the National Labor Relations Act (NLRA). ...more

Foley & Lardner LLP

When Does Venting Become a Complaint?

Foley & Lardner LLP on

A company makes the difficult decision to terminate an employee’s employment due to poor performance. This should come as no surprise to the employee, who has been counselled and disciplined on numerous occasions. Yet, the...more

Bricker Graydon LLP

Be Wary of Concerted Protected Activity

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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

McGlinchey Stafford

NLRB’s General Counsel Provides Guidance on Balancing NLRA and Equal Employment Laws

McGlinchey Stafford on

All employees have a right to engage in concerted activity under the National Labor Relations Act (NLRA)—often called “protected concerted activity (PCA)”—meaning that even in a non-union environment, an employer cannot...more

Offit Kurman

Better Call Sarah: Political Speech in the Workplace

Offit Kurman on

Help! After this last election, it seems everyone at the office has something to say about politics, and I’m caught between my mission to keep the peace and the very real risk of stifling free speech. Is there a way I can...more

Constangy, Brooks, Smith & Prophete, LLP

Constangy’s 10 must-read articles of 2024

As we welcome 2025, here are 10 must-read Constangy bulletins and blog posts from 2024, highlighting insights that guided our readers through important legal developments, workplace issues, and the challenges in cybersecurity...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - October 2024 #5

Kaufman & Canoles on

A federal judge late Wednesday ordered the U.S. Department of Veterans Affairs to lock down UCLA’s Jackie Robinson Stadium on the VA’s West Los Angeles campus at noon Thursday until the university comes up with a proposal for...more

Davis Wright Tremaine LLP

NLRB General Counsel Expands Attack on Non-Competes, Including Stay-or-Pay Provisions

Continuing in the vein of earlier attempts to crack down on non-competition agreements for employees who are covered under the National Labor Relations Act (the "Act"), the General Counsel of the National Labor Relations...more

Proskauer - Labor Relations Update

Sixth Circuit Sends Ohio State Graduate Student’s Employment Status Case Under Title VII to a Jury Trial

On August 28, 2024, the Sixth Circuit in Huang v. Ohio State Univ., 6th Cir., No. 23-03469 (Aug. 28, 2024) –—in a case with broader implications for the employment status of graduate students—reversed the Southern District of...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Seward & Kissel LLP

Employment Litigation Roundup: June 2024

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CFTC charges employer with failing to include whistleblower carveout in agreements with employees - Commodities trading firm Trafigura Trading LLC agreed to pay a $55 million fine to settle charges from the Commodity...more

Proskauer - Labor Relations Update

Compete All You Want:  ALJ Strikes Down Non-Compete Agreement, Setting Up NLRB Review

As we’ve discussed previously (see here and here), next up on the NLRB chopping block is whether non-compete agreements create a “chilling effect” on employees in the exercise of their Section 7 rights of the National Labor...more

Parker Poe Adams & Bernstein LLP

US Supreme Court Applies Strict Test for NLRB Injunctions

In unusual circumstances arising during unionization campaigns, the National Labor Relations Board can seek a so-called Section 10(j) injunction to immediately order the employer or union to cease illegal acts associated with...more

Seward & Kissel LLP

Employment Litigation Roundup: March 2024

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New York State and New York City Human Rights Laws May Protect Out-of-State Applicants - On March 14, the New York Court of Appeals held that out-of-state applicants who seek employment within the State or the City can...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Finds Employee's Protest of COVID-19 Measures Protected Concerted Activity

The National Labor Relations Act’s employee protections extend beyond unionized workplaces or those undergoing organizing activities. Section 8(a)(1) of the NLRA prohibits employers from retaliating against employees who...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - November 2023

...NLRB Issues Final Rule on ‘Joint Employer’ Standard On - October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule titled “Standard for Determining Joint Employer Status,” which rescinds and...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your November To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Littler

NLRB and OSHA Announce MOU to Strengthen Health and Safety

Littler on

On October 31, 2023, the National Labor Relations Board (NLRB) and the Occupational Safety and Health Administration (OSHA) announced that the agencies have executed a Memorandum of Understanding (MOU) “to strengthen the...more

Harris Beach Murtha PLLC

NLRB and OSHA Enter Into Collaboration Agreement To Pursue Violations Implicating Both NLRA and OSH Act

The National Labor Relations Board (NLRB) and Occupational Safety and Health Administration (OSHA) have agreed to team up to investigate and enforce protections for workers who raise safety concerns and suffer retaliation as...more

Davis Wright Tremaine LLP

Non-Union Employers Face Triple Threat: Unfair Labor Practice Charges, Unionization, and Bargaining Orders

The National Labor Relations Board has released more statistics that further confirm what labor lawyers suspected: Employers are subject to more unfair labor practice charges, Employees and labor organizations are...more

Seyfarth Shaw LLP

Looking to Prevent and Address Workplace Retaliation, Government Leaders from DOL, NLRB, and EEOC Present Employers with “Best...

Seyfarth Shaw LLP on

Seyfarth Synopsis: On April 14, 2023, we attended a webinar presented by U.S. DOL Solicitor Seema Nanda, DOL Wage and Hour Division Principal Deputy Jessica Looman, DOL Occupational Safety and Health Administration Assistant...more

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

Federal Judge Rules Grocery Store Did Not Retaliate Over Facemask Dress Code Policy

On January 23, 2023, a Massachusetts federal judge ruled that a group of former employees had not shown that a grocery store chain unlawfully retaliated against them for opposing a dress code policy that prohibited the...more

Bond Schoeneck & King PLLC

Appellate Division Holds Attorney General’s COVID-19 Retaliation Claims are Preempted by Federal Law

In February 2021, New York State Attorney General, Letitia James, filed a lawsuit against Amazon alleging that the retailer failed to sufficiently prioritize hygiene, sanitation and social distancing at its fulfillment center...more

White and Williams LLP

Federal Agencies Join Forces To Combat Employer Retaliation

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The National Labor Relations Board (NLRB), the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor (DOL) are joining forces to combat employer retaliation. The agencies plan to coordinate...more

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