We frequently confront the issue of whether to institute tort-based suits in state or federal court, on behalf of an employer, seeking to recover damages suffered as a result of picketing, strikes, and other activities by...more
By Gerard Morales In a recent case, the Court of Appeals for the 9th Circuit (Court) enforced an order of the National Labor Relations Board (NLRB or Board) requiring an employer to reimburse the union for the expenses that...more
8/16/2022
/ Collective Bargaining ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Labor Regulations ,
Labor Relations ,
NLRB ,
Remedies ,
Unions ,
Wage and Hour
In a recent decision, FDRLST Media, LLC v. National Labor Relations Board (No. 20-3434 & 3492 3rd Cir. May 20, 2022), the United States Court of Appeals for the Third Circuit (“Court”) denied enforcement of an order of the...more
Employers often confront situations involving employees’ argumentative, aggressive, and opprobrious conduct during department or other group meetings, evaluations, or disciplinary meetings with supervisors....more
On September 29, 2021, National Labor Relations Board (“NLRB”) General Counsel, Jennifer A. Abruzzo, released Memorandum GC 21-08 (the “GC Memo”) issuing guidance on her position that certain “Players at Academic...more
In a recent Memorandum to the Regional Offices (September 8, 2021), the General Counsel (“GC”) of the National Labor Relations Board (“Board” or “NLRB”) directs the Regions to seek additional remedies from the Board in unfair...more
In a recent case, the National Labor Relations Board (“NLRB” or “Board”) confronted the issue of whether the display of an inflatable rat (“Scabby”) and banners by a labor union, at the entrance of a neutral site, constituted...more
In a very recent case, the National Labor Relations Board (“NLRB” or “Board”) confronted the issue of whether a party engages in objectionable conduct if, during a union election campaign, it engages in mail-ballot...more
In a recent case, the National Labor Relations Board (NLRB) Division of Advice addressed the question of whether a grocery store employee posting, on his personal Facebook and Instagram accounts, constituted protected...more
“Major American businesses have made clear that the skills needed in today’s increasingly global marketplace can only be developed through exposure to widely diverse people, cultures, ideas, and viewpoints.” Grutter v....more
On March 31, 2021, Peter Sung Ohr, Acting General Counsel (GC) of the National Labor Relations Board (NLRB or Board) issued a Memorandum (GC 21-03) to all NLRB Regional Offices outlining his perspective regarding the...more
On July 30 2020, the National Labor Relations Board (Board), issued a decision on the legality of an employer rule that prohibited employees from engaging in “illegal” strikes. The Board decision on this issue is of...more
In a recent decision, the National Labor Relations Board (Board) dealt with the issue of the employer's right to require loyalty from its employees. The Board’s decision on this issue is of significant importance to...more
Section 7 of the National Labor Relations Act (the Act) gives employees the right to engage in “concerted activities” for “mutual aid or protection.”
In general, “concerted activities” are activities or conduct by...more
Overruling 2014 precedent, see Babcock & Wilcox Construction, 361 NLRB 1127 (2014), the National Labor Relations Board (Board), last week in UPS, Inc. 369 NLRB No. 1 (Dec. 23, 2019), returned to the standard that applied from...more
Overruling Obama-era precedent, on December 17 the National Labor Relations Board (Board) published two decisions that will significantly affect all employers.
In a decision involving a Las Vegas employer, the Board held...more
12/18/2019
/ Confidential Information ,
Disciplinary Proceedings ,
Electronic Communications ,
Email ,
Email Policies ,
NLRA ,
NLRB ,
Non-Disclosure Agreement ,
Protected Concerted Activity ,
Purple Communications ,
Section 7 ,
Sexual Harassment ,
Unfair Labor Practices ,
Unions ,
Workplace Investigations
In a December 16, 2019 decision, the National Labor Relations Board (Board) held that employers’ statutory obligation to checkoff union dues pursuant to their union contracts ends when said contracts expire. Overruling...more
Employers often confront the question of whether employees can be disciplined for using social media, such as Facebook, to communicate with other employees about complaints regarding terms and conditions of employment....more
In recent years, many private sector employers have adopted mandatory arbitration programs for employment disputes, which their employees are required to sign as a condition of employment. Main objectives of those programs...more
It is well established that, in general, employers, whose employees are represented by a union, commit unfair labor practices by making any material, substantial and significant change regarding most terms and conditions of...more
Employers frequently ask if they can maintain rules requiring employees to keep the contents of their employment handbooks confidential.
In a recent memorandum, the General Counsel (GC) (Division of Advice) of the National...more
In a very recent decision the National Labor Relations Board (Board) held that two separate construction contractors constituted a single employer and a joint employer under labor law. Both entities were, therefore, jointly...more
Indian tribes continue to challenge the NLRB's jurisdiction over casinos located on Indian lands and courts continue to side with the NLRB.
In Casino Pauma, the 9th Cir. decided on April 26, 2018, that under the test...more
Welcome to the winter 2016 edition of our Under Construction newsletter. We hope your year has been good to your family, your company and you as we wrap up these remaining few weeks of 2016.
A recent hot topic with...more
12/8/2016
/ Arbitration ,
Arbitration Awards ,
Collective Bargaining ,
Construction Defects ,
Construction Industry ,
Construction Liens ,
Department of Transportation (DOT) ,
Design Professionals ,
Dispute Resolution ,
Federal Contractors ,
Financial Statements ,
General Contractors ,
NLRB ,
Payment Bonds ,
Public Works ,
Statute of Repose ,
Subcontractors ,
Unions ,
Waivers
There are several changes and new trends appearing this year in various areas of labor and employment law. This month’s Workplace Word highlights several of these changes and discusses what employers should expect this year....more