News & Analysis as of

Retaliation National Labor Relations Board Employee Rights

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?

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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

Amundsen Davis LLC

DOL and NLRB Agree to Share Information and Counsel Employees on Overlapping Enforcement Matters

Amundsen Davis LLC on

On January 6, 2022, the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB) released a signed Memorandum of Understanding (MOU) detailing the agencies’ most recent pact to enforce federal labor and...more

Fisher Phillips

Top 50 Workplace Law Stories Of 2018

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It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

Holland & Knight LLP

Restaurant Forced to Rehire Employees Who Insinuated Food was Germ-Infested - Section 7 of the NLRA Guarantees Workers the Right...

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The Jimmy John's sandwich franchise must have been surprised to learn that it had violated federal labor law when it disciplined employees who had posted hundreds of signs around its outlets suggesting that its sandwiches...more

Hinshaw & Culbertson LLP

Facebook “Like” Protected Speech Under the NLRA

Hinshaw & Culbertson LLP on

We all have them. Friends and family who overshare on Facebook. Their food choices (complete with pictures), exercise routine, and relationship drama, all solidified in the form of a status update. Annoying maybe, but mostly...more

Foley & Lardner LLP

How Not to Fire a Union Organizer

Foley & Lardner LLP on

The best reminders often come from the most obvious situations. In a case decided by the Eleventh Circuit Court of Appeals on October 13, the employer laid down a clear path to remind employers what not to do. Allied...more

Foley & Lardner LLP

Be Careful What You Say During a Union Organizing Campaign

Foley & Lardner LLP on

At the same time that the current National Labor Relations Board is giving employees what seems like the unfettered ability to engage in disparagement, profane outbursts, and racist comments that accompany protected union or...more

Fenwick & West LLP

Fenwick Employment Brief - August 2014

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Partial-Day Leave Deductions Lawful for Exempt Employees - A California court of appeal recently confirmed that employers may require exempt employees to use accrued leave for partial-day absences, even if shorter than...more

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