Social Media + Employees = Hot Mess
#BigIdeas2020: NLRB’s Actions Impact Employers in 2020 - Employment Law This Week® - Trending News
Can you prevent your employees from handing out pro-union paraphernalia if they’re on a paid break? After brewing on the issue, the D.C. Circuit says no, backing baristas in the first of five National Labor Relations Board...more
As we have been blogging during the Biden presidency, the National Labor Relations Board has become quite aggressive these days. The aggression toward employers has been shown in the types of conduct the Board finds to be...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
In Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local 174, No. 21-1449 (sl. op.), the U.S. Supreme Court revisited Garmon preemption. The Court reviewed the Washington state Supreme Court's dismissal of a...more
On June 1, 2023, in a resounding 8-1 decision, the United States Supreme Court granted employers an important victory by holding that the National Labor Relations Act and prior precedent did not preempt a state court tort...more
In a memo issued on May 30, 2023, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo has taken the position that the offer, maintenance, and enforcement of overly broad noncompetition agreements offered to...more
What happens when an employee starts yelling at the boss, makes profane social media posts about work, or engages in other “abusive conduct?” In many cases, employers can follow their own policy and impose discipline if...more
In the latest swing away from recent precedent, the National Labor Relations Board (NLRB or Board) issued its ruling in Lion Elastomers LLC II, which overturns the 2020 General Motors LLC decision. These decisions address an...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
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
All unionized and nonunionized private sector employers should prepare now for the anticipated legal changes contemplated in the National Labor Relations Board’s latest general counsel memorandum, GC 21-04. The Memorandum,...more
A union’s use of Scabby the Rat (an inflatable rat “approximately 12 feet in height with red eyes, fangs, and claws”) and inflammatory banners targeting a neutral employer, without more, does not violate the National Labor...more
On Monday, the Board voted 3-1 to solicit public briefing on whether it should overrule the Johnnie’s Poultry Co., 146 NLRB 770 (1964) safeguards employees must receive if they are questioned by employers about their own or...more
This week the NLRB issued a blockbuster decision addressing employees’ abusive and foul language in the workplace. General Motors LLC, 369 NLRB No. 127 (2020). In the past, the Board has given many employees a free pass when...more
In a critical reversal of Board precedent, the NLRB just unanimously held that employees engaging in abusive conduct in the course of protected concerted activities are not automatically shielded from discipline under the...more
Yesterday, the National Labor Relations Board (NLRB) in General Motors LLC announced a big win for employers by changing the standard under which it will evaluate discipline issued to employees who make abusive or offensive...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
The National Labor Relations Board (NLRB) closed 2019 with several decisions and rule changes that overturned recent board precedent and revived older, more employer-favorable standards. On December 16, 2019, the NLRB...more
Recent Changes to NLRB Guidance Regarding Employers’ Policies Involving Employee Communication - Two recent decisions by the National Labor Relations Board (NLRB) have significantly overturned earlier rulings regarding...more
In a pair of significant year-end rulings, the National Labor Relations Board overturned two Obama-era precedents that had restricted the ability of both unionized and non-unionized employers to limit the use of company email...more
A Trending News interview from Employment Law This Week®, featuring attorney Steve Swirsky, Member of the Firm: The National Labor Relations Board (NLRB) ended the year with a flurry of activity, including the relaxing of...more
The Trump National Labor Relations Board (NLRB) continues to reshape the National Labor Relations Act (NLRA or Act) with new decisions that reverse precedents and undo legal restrictions placed on employers during the Obama...more
On December 17, 2019, in a 3-1 decision split along party lines, the National Labor Relations Board (NLRB) restored to employers the right to restrict employees from using company email systems for nonbusiness purposes. The...more
On December 17, 2019, the National Labor Relations Board (“Board”) ruled that an employer’s rule prohibiting use of its email system for nonbusiness purposes did not violate employees’ rights under the National Labor...more
There are days when the workplace can feel a lot like a third-grade playground with kids running back and forth, bruised feelings, tearful meltdowns, and a real and apparent need for a nap and a snack. We also continually...more