Hiring & Firing, Retaliation, Unions

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

Fisher Phillips on 7/18/2024

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

US Supreme Court Applies Strict Test for NLRB Injunctions

Parker Poe Adams & Bernstein LLP on 6/21/2024

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

Overview of U.S. Employment Law for International Employers

Faegre Drinker Biddle & Reath LLP on 12/21/2023

This guide is a non-comprehensive overview of employment laws in the United States for international employers. We hope that it will assist employers that already employ individuals in the U.S. and employers that are...more

Suit based on notice of intermittent FMLA absences will go to trial

Constangy, Brooks, Smith & Prophete, LLP on 11/18/2022

Employers, don't be too rigid about employee notice requirements. Weird case from the U.S. Court of Appeals for the Sixth Circuit. Imagine this: You're the HR manager at a manufacturing facility. An hourly employee has...more

Top 10 New California Employment Laws Signed into Effect by Governor Newsom

Fisher Phillips on 10/5/2022

As we previewed previously, a number of hot-button legislative proposals made it to Governor Newsom’s desk this year – many of which would change the landscape for California employers. For the first time since the COVID-19...more

Top 10 List – Keep Your Eyes on These California Employment Bills on Governor Newsom’s Desk

Fisher Phillips on 9/2/2022

Eight months of legislative wrangling and dealmaking have come to an end as the California Legislature just wrapped up work for the year – and now employers across the Golden State turn their eyes to the governor’s office to...more

#WorkforceWednesday: CA Whistleblower Retaliation Cases, NYC Pay Transparency Law, Biden’s Labor Agenda - Employment Law This...

Epstein Becker & Green on 2/9/2022

This week, we’re recapping major items shifting at the state, local, and federal levels, including whistleblower retaliation case law, pay transparency rules, and federal labor policies. California Supreme Court Specifies...more

First Circuit Upholds Employee's Right to Publicly Complain About Working Conditions

Parker Poe Adams & Bernstein LLP on 6/25/2021

Section 7 of the National Labor Relations Act protects the rights of employees to engage in “concerted activity,” regardless of whether they are members of a union. Concerted activity means two or more employees working...more

NLRB’s Latest Guidance Supports Employer Decisions Amidst Pandemic

Fisher Phillips on 8/19/2020

Addressing the issue for the first time since the pandemic, the National Labor Relations Board recently released a series of advice memoranda instructing its Regional offices to dismiss various COVID-19 related charges...more

Report on Medicare Compliance Volume 29, Number 18. News Briefs: May 2020

Health Care Compliance Association (HCCA) on 5/16/2020

Report on Medicare Compliance 29, no. 18 (May 11, 2020) - The HHS Office for Civil Rights has posted guidance reminding providers that “the COVID-19 public health emergency does not alter the HIPAA Privacy Rule’s existing...more

Manufacturing a Summer (Employment) Potpourri

Robinson+Cole Manufacturing Law Blog on 8/26/2019

As predicted here, the Trump Administration launched a series of not-so-surprising raids to arrest undocumented workers. As of this writing, there has not been a noticeable increase in the prosecution of employers who employ...more

FAQs About Skip-Level Meetings: A Critical Management Tool

Fisher Phillips on 6/17/2019

It is never good to put off dealing with a problem employee. Whether it is misconduct, poor performance, or simply an attitude that impairs your team’s ability to work together well, the time to act is now. Waiting to act...more

Board Upholds Enforcement of Pre-Hire Arbitration Agreement

Littler on 5/29/2019

The alternative dispute resolution landscape continues to evolve for employers with unionized workforces. Anheuser-Busch, LCC, 367 NLRB 123 (May 22, 2019), is the National Labor Relations Board’s (NLRB) latest decision on the...more

ERISA Implications for Firing A Whistleblower

Proskauer - Employee Benefits & Executive... on 12/28/2018

The Ninth Circuit unanimously concluded that a trustee and lawyer for certain multiemployer funds violated ERISA § 510 by unlawfully firing a whistleblower in the funds’ collections department, but, in a split decision,...more

The Sixth Circuit Shows That Balancing ADA Obligations With Enforcement Of Workplace Rules Is Far From An Exercise In Futility

Seyfarth Shaw LLP on 9/20/2018

Seyfarth Synopsis: Employers face a tough challenge in trying to balance their obligations under the ADA with efforts to enforce workplace rules. A recent decision out of the United States Court of Appeals for the Sixth...more

[WEBINAR] Labor & Employment Law: What Changed in 2017

Best Best & Krieger LLP on 6/22/2018

Best Best & Krieger Labor & Employment attorneys discussed new legislation and case law impacting California employers - private and public. What Was Discussed -Legislation passed in 2017 -Wage and hour update ...more

New Jersey Appellate Division Declines to Find Section 301 Pre-Emption of Discrimination and Retaliation Claims

Seyfarth Shaw LLP on 5/26/2017

Seyfarth Synopsis: The New Jersey Appellate Division reinstated plaintiff’s state law discrimination and retaliation claims, finding the claims were not pre-empted by Section 301 of the LMRA....more

Second Circuit Holds NLRB Did Not Err in its Finding that Facebook Posting that Supervisor is a “Nasty Mother Fer” and “F...

Seyfarth Shaw LLP on 5/1/2017

Seyfarth Synopsis: The Second Circuit agrees with the Board that the use of profanity in a Facebook post was not “opprobrious enough” to lose the NLRA’s protections and justify the employer’s termination of the employee....more

NLRB Scrutinizes Employer Motivation in Hiring Replacement Workers During Strike

Littler on 9/15/2016

Denying a motion for reconsideration, the National Labor Relations Board recently affirmed its decision in American Baptist Homes of the West d/b/a Piedmont Gardens, addressing the relevance of an employer’s motive in hiring...more

Does New Jersey's Conscientious "Everyone" Protection Act Trump the NLRB's Exclusive Jurisdiction? State Supreme Court says "Yes"...

FordHarrison on 8/18/2016

Executive Summary: Just when employers thought New Jersey's Supreme Court could not expand the state's whistleblower law further (as we reported last summer), the Conscientious Employee Protection Act (CEPA) once again has...more

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