The National Labor Relations Board (“NLRB”) filed a complaint against the Boeing Company in April based on Boeing’s decision to open a second assembly line to build its Dreamliner airplanes in a non union plant in South Carolina instead of expanding its current assembly line in a union plant in Washington State (see NLRB v. … Continue Reading
Florida’s unemployment compensation law was substantially changed this summer. This is good news for Florida employers. So what are the changes employers should cheer? (1) Misconduct has been redefined. It is harder for terminated employees to get unemployment compensation. Under the new law, misconduct is now defined as any action that demonstrates “conscious disregard of an … Continue Reading
Yesterday, August 18, 2011, the National Labor Relations Board issued a 24-page memorandum summarizing the facts and outcome of the social media cases over the past year. Several of the cases included in the memorandum are discussed in earlier posts (NLRB OKs Employee Bad-Mouthing on Social Media, Update: The NLRB Seesaws On Social Media Bad-Mouthing). The introduction … Continue Reading
In the middle of the NLRB’s campaign to protect employees from disciplinary action for posting complaints about their employers on social media (see earlier post, NLRB OKs Employee Bad-Mouthing on Social Media), the NLRB has said that not all complaints are protected, even job-related complaints. The NLRB issued three memoranda in July stating that employers did not … Continue Reading
As discussed in an earlier post (NLRB OKs Employee Bad-Mouthing on Social Media), the National Labor Relations Board is not just in the business of regulating union activity. According to law, two or more employees (regardless of union affiliation) are protected in acting together to improve the conditions of their employment, including wages and hours. This is … Continue Reading
The U.S. Supreme Court ended its term this week. As the Justices start their three-month vacation, employers should reflect on two important decisions from the Court’s last term dealing with class actions. What are the takeaways? (1) One-size-fits-all class actions for discrimination cases won’t cut it. This year’s blockbuster case, Dukes v. Wal-Mart, was … Continue Reading
A Florida appellate court (Alexis v. Ventura, Fla. 3d DCA June 29, 2011) has revived an employee’s tortious interference against her former supervisor. Ketlyne Alexis originally sued her former employer, Arbor E & T, for harassment and discrimination. Alexis then added Lilliam Ventura, her immediate supervisor, as a defendant to a tortious interference claim in … Continue Reading
Florida’s Third District Court of Appeal recently reversed a hefty jury verdict in favor of the employee and directed the trial court to enter final judgment in favor of Florida International University (“FIU “). See St. Louis v. FIU, Third District Court of Appeal, No. 3D08-2316, March 30, 2011. The case was a big win for … Continue Reading
This year, the Supreme Court allowed an employee to sue his employer for retaliation based on his fiancée’s discrimination complaint. See Thompson v. North American Stainless, LP 131 S.Ct. 864 (2011). North American Stainless fired Eric Thompson just three weeks after receiving notice of a charge of discrimination filed by his co-worker and fiancé Mariam … Continue Reading
If you think you can fire an employee who bad mouths your company, think again. The National Labor Relations Board (“Board”) says it is ok for an employee to bad mouth an employer on social media web sites. Back in October 2010, the Board accused American Medical Response of Connecticut, Inc. (“AMR”) of wrongfully terminating … Continue Reading
Recently, Congressmen Barney Frank (D-Massachusetts) and Ron Paul (R-Texas) introduced the “Ending Federal Marijuana Prohibition Act of 2011,” which would allow states to determine their own marijuana rules without interference from Washington, DC. If this law passed, states could choose among banning marijuana entirely, making it medically available, decriminalizing its possession or taxing and regulating … Continue Reading
Florida’s minimum wage has increased to $7.31 per hour. The direct wage for tipped employees increased to $4.29 per hour. The six-cent increase is the result of a successful lawsuit brought by a group of Florida workers against the government claiming that it miscalculated the state minimum wage under the state constitution. While 6 cents … Continue Reading
A Florida appellate court, in Rivera v. Fla. Unemployment Appeals Commission and Pollo Operations, Inc., has directed Florida’s unemployment agency to give unemployment benefits to a woman who voluntarily quit her job. The woman, Nail Rivera, worked at Pollo Tropical restaurant for nine years when she complained that an assistant manager touched her buttocks. Ms. Rivera … Continue Reading
