Stare Decisis: Dress Codes, Union T-Shirts and the NLRB
Some good lessons here. I assume our readers all know what a “constructive discharge” is, but just in case you don’t, it’s when an employer deliberately makes the employee’s life at work so miserable that the employee feels...more
The National Labor Relations Board (NLRB) has ruled that a Minnesota Home Depot Store broke the law by telling an employee to remove a “BLM” marking from their work apron. The NLRB has recently decided in Home Depot USA, Inc....more
Recently, the National Labor Relations Board (“NLRB”) ruled that Home Depot — “Where Doers Get More Done” — had done too much when it discharged an employee, Antonio Morales, for refusing to remove the hand-drawn letters...more
The National Labor Relations Board just ruled that a national retailer must allow customer-facing employees who want to write “Black Lives Matter” on their uniforms to do so – and may have opened Pandora ’s Box when it comes...more
The National Labor Relations Board (“NLRB”), in a 3-1 decision, held that an employee’s display on their work uniform of “BLM,” an acronym for Black Lives Matter, constituted protected concerted activity under Section 7 of...more
Seyfarth Synopsis: The U.S. District Court for the Western District of Wisconsin recently cast doubt on employers’ ability to strike the class allegations in a complaint early in litigation. ...more
Krista Townley was a server at BJ’s Restaurants, Inc. As a server, Townley was required to wear black, slip-resistant close-toed shoes pursuant to company policy. Townley purchased a pair of canvas shoes that complied with...more
On June 4, 2019, the Court of Appeal, Third Appellate District issued an unpublished opinion in Krista Townley v. BJ’s Restaurants, Inc. holding that BJ’s Restaurants was not required to reimburse its employees for the cost...more
The Eleventh Circuit recently affirmed the district court’s grant of summary judgment to two Florida counties in an action brought against former sheriff deputies under the Fair Labor Standards Act (FLSA) and Florida Minimum...more
On May 18, 2017, in the first decision of its kind, the Eastern District of Pennsylvania held that transgender people are not categorically barred from protection by the Americans with Disabilities Act (ADA) if they suffer...more