Social Media + Employees = Hot Mess
#BigIdeas2020: NLRB’s Actions Impact Employers in 2020 - Employment Law This Week® - Trending News
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
The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of...more
On June 1, 2023, the Supreme Court of the United States (SCOTUS) held that federal law does not preempt the right of an employer to sue a striking union for damages in state court if the union failed to take reasonable...more
In a decision relevant for employers utilizing video surveillance equipment in the workplace and those considering the installation of video cameras, the National Labor Relations Board (NLRB) concluded that an employer...more
It is widely known that employers are prohibited from retaliating against employees for engaging in "protected activity." But what is "protected activity?" Unfortunately, the definition of "protected activity" varies widely...more
A National Labor Relations Board Administrative Law Judge (ALJ) recently dismissed a complaint against Home Depot USA, Inc., in which the NLRB General Counsel (GC) alleged the company violated the National Labor Relations Act...more
INTRODUCTION - 2021 was the first year of National Labor Relations Board under President Biden. For years, the Board’s decisions and its approach generally have swung back and forth depending on whether there was a...more
On October 28, 2021, New York Governor Kathy Hochul signed legislation enhancing the protections available to individuals who claim retaliation for reporting alleged employer wrongdoing. The legislation (S.4394A/A.5144A)...more
In AT&T Mobility LLC , 370 NLRB No. 121 (2021), the NLRB majority (Members Ring and Emanuel) held that the Employer could lawfully maintain a workplace policy prohibiting its workers from recording conversations with their...more
Title VII of the Civil Rights Act protects an employee’s conduct of complaining about Title VII violations. The Eleventh Circuit, however, has now provided the framework for when an employee’s otherwise protected conduct can...more
On June 5, 2020, the NLRB held, in Teamsters Local Union No. 735-S (Bemis Co., Inc.), 369 NLRB No. 97, that union officials’ retaliatory actions against members who participated in an investigation resulting in the discharge...more
December 2019 brought significant changes to the National Labor Relations Board (NLRB) case law and election procedures. The following highlights a few of those changes as we get into the new year and policy reviews get...more
In Caesars Entertainment d/b/a Rio All-Suites Hotel and Casino, Case 28-CA-060841 (December 16, 2019), the National Labor Relations Board (NLRB) ruled that employees do not have a statutory right under the National Labor...more
Seyfarth Synopsis: The New York City Council voted to expand the anti-discrimination and retaliation provisions of the Human Rights Law to freelancers and independent contractors. The bill is awaiting the Mayor’s signature. ...more
You know the scenarios: an employee reports his chair is bothering him; another employee reports the glare of the computer screen is hurting her eyes; and a third employee explains he needs a different office space, better...more
In a 3-1 decision, the National Labor Relations Board (“NLRB” or the “Board”) ruled that a property owner may exclude from its property off-duty contractor employees engaged in Section 7 activity unless (1) those employees...more
This summer has been punctuated by walkouts. We have seen walkouts in support of a $15 minimum wage and walkouts to protest the sale of goods to the government. Walking off the job is, of course, a staple of labor action, and...more
Employees who claim that they were discriminated against or retaliated against by their employer typically must prove that the employer was substantially motivated by their membership in a protected class (such as race,...more
On January 11, 2019, the National Labor Relations Board issued an employer-friendly decision in Alstate Maintenance LLC, 367 NLRB 68 (2019), narrowing the scope of protection for employee complaints. In doing so, it reversed...more
A 3-1 majority of the National Labor Relations Board announced last week its intent to level set what constitutes “protected concerted activity” given that the Board has over the years “blurred the distinction between...more
Seyfarth Synopsis: Employees’ use of their personal social media accounts in ways that could impact an employer’s business present challenges to employers....more
A recent decision by a National Labor Relations Board (NLRB) administrative law judge (ALJ) serves as a good reminder that even nonunion employees in healthcare settings are protected by Section 7 of the National Labor...more
In a case of first impression, a federal appeals court just found that an applicant’s request for a religious accommodation did not constitute protected activity under Title VII for the purpose of establishing a retaliation...more
On October 2, 2018, the U.S. District Court for the Western District of Pennsylvania federal court denied a Rule 12(b)(6) motion to dismiss a SOX whistleblower retaliation claim, reasoning that Plaintiff sufficiently alleged...more
In late September, the Eleventh Circuit reversed a grant of summary judgment for Kia Motors Manufacturing of Georgia, Inc. on race and national origin retaliation claims brought by one of its HR managers. In the split...more