Ver la versión en español aquí. Worker classification just got as complicated as Ross and Rachel’s relationship status on ‘Friends’! Last month, the U.S. Department of Labor (DOL) issued a new rule on how to classify employees and independent contractors under the Fair Labor Standards Act (FLSA). Moving forward, the DOL will use a multifactor, … Continue Reading
Ver la versión en español aquí. For several years now, the National Labor Relations Board (“NLRB”) has been disavowing any pretension that it is an “intermediary” between labor and management. Instead, the new NLRB has firmly tipped the scales in favor of organized labor. This has clearly impacted all employers, as the NLRB has increasingly … Continue Reading
Ver la versión en español aquí. Earlier this week, I returned from a short vacation to find the Federal Trade Commission (FTC) took action against three companies requiring them to invalidate their noncompete agreements with employees. Then yesterday, the FTC rolled out a proposed rule which, if enacted, would turn many state laws on the … Continue Reading
Ver la versión en español aquí. If your company engages with contractors to perform services you may think are completely unrelated to your business at first glance…beware. It will soon be more likely that the National Labor Relations Board (“NLRB”) will deem the s employees to be yours. For years, political interests have created a … Continue Reading
Ver la versión en español aquí. In January 2021, I made several “way too early” pre-season predictions about then president-elect Joe Biden’s agenda regarding labor and employment. High on President Biden’s wish list was the Protect the Right to Organize Act (“PRO”), which would substantially strengthen labor law to the advantage of employees and unions. … Continue Reading
Ver la versión en español aquí Predictably, the pendulum of labor law will swing to the left over the next several years. The first sign was the recent passage of the Protecting the Right to Organize (“PRO”) Act by the U.S. House of Representatives. While this law has virtually no chance to pass the Senate … Continue Reading
Ver la versión en español aquí The champagne was still flowing in the Alabama locker room on Monday night following their thumping of Ohio State in the College Football National Championship Game when sports media outlets began to publish their “Way Too Early” Top 25 polls for next season. It is a stark reminder that … Continue Reading
Ver la versión en español aquí With approximately 3.6 billon people expressing themselves using social media platforms such as Facebook, Twitter, LinkedIn, YouTube, Instagram, and most recently, TikTok, employers have to ask themselves some important questions regarding their employees’ usage of these applications. Should employers set boundaries as to what they will or will not … Continue Reading
Ver la versión en español aquí This sentiment is perfect for a Kenny Chesney summer concert. Now it looks like the NLRB and the EEOC can “get along”, and at the same time make it easier for employers to appropriately discipline employees who engage in unacceptable behavior, even if that behavior occurs during otherwise “protected” … Continue Reading
Ver la versión en español aquí We are pleased to welcome Melanie Leitman to our Labor & Employment Law group. We look forward to Melanie being a part of the continued expansion of our Labor & Employment practice throughout the State. Our Labor and Employment attorneys have established a solid reputation in South and Central Florida for nearly … Continue Reading
Ver la versión en español aquí Picture this. You suspect an employee (Slick Fingers) has been stealing in the workplace for weeks. Today, multiple witnesses approach you and say they have witnessed Slick taking money from the cash register. You feel inspired by the four episodes of the “First 48” you watched the night before … Continue Reading
Ver la versión en español aquí “Common sense sometimes matters in resolving legal disputes.” That’s how the D.C. Circuit began its opinion reversing a widely publicized 2011 decision by the NLRB finding that AT&T Connecticut had committed an unfair labor practice when it banned AT&T employees from wearing “Prisoner” shirts to the homes of customers. … Continue Reading
Ver la versión en español aquí Many employers and their attorneys believe the National Labor Relations Board (“NLRB”) has gone off the deep end. This school of thought was again reinforced with the NLRB’s June 18, 2015 Remington Lodge Hospitality decision. In a 2-to-1 decision, the NLRB held that the Sheraton Anchorage hotel committed an unfair … Continue Reading
Ver la versión en español aquí Those of you who attended our annual labor & employment seminar on May 1 or read our blog with any regularity or just pay attention to developments in employment law, know that the National Labor Relations Board (NLRB) and its administrative law judges have been finding employers guilty of … Continue Reading
A NLRB judge recently ruled that a non-profit’s discharge of two employees for having an inappropriate conversation on Facebook about the non-profit did not run afoul of the National Labor Relations Act. Click here for copy of the case. On July 30, 2012, the non-profit, a corporation that ran an after school teen center in … Continue Reading
The U.S. Court of Appeals for the District of Columbia Circuit recently let stand a decision of the National Labor Relations Board (NLRB or the Board) on whether a property owner can bar employees of an onsite contractor from distributing union-related handbills on the property. The case, New York-New York, LLC v. NLRB, has been … Continue Reading
On March 27, we posted an entry on the decision of a federal court in Washington, D.C. that some portions of the NLRB’s rule requiring employers to post a “Notice of Employee Rights” are not valid. Under the NLRB’s posting rule, employers are required to make the posting by April 30. The court’s decision is now on … Continue Reading
We have been commenting on the National Labor Relations Board’s (NLRB) recent decisions on the lawfulness of social media policies. An NLRB Administrative Law Judge recently struck down a portion of a company’s social media policy that prohibited employees from commenting on work-related legal matters without the express permission of the company’s legal department. The … Continue Reading
A federal district court in Washington, D.C. has recently said that certain provisions of the National Labor Relations Board’s “Notification of Employee Rights” rule, which most employers are required to post by April 30, are not valid [for information about the rule, see our blog posts, The NLRB, Again, Postpones Notice-Posting Rule Until April 30, … Continue Reading
In January we blogged about the NLRB’s decision in D.R. Horton, Inc., which said that requiring employees, as a condition of employment, to sign an arbitration agreement barring collective or class actions for employment-related claims violated the law (see NLRB Says Not To Requiring Employees To Sign Arbitration Agreements Prohibiting Group of Class Action). In … Continue Reading
On January 3, 2012, the National Labor Relations Board (NLRB) ruled in D.R. Horton, Inc., that requiring employees, as a condition of employment, to sign an arbitration agreement prohibiting them from filing collective or class actions for employment-related claims violates the law. The decision involved an overtime case brought by Michael Cuda against his employer, … Continue Reading
As another follow-up to our posts, NLRB OK’s Employee Bad-Mouthing on Social Media, Update: The NLRB Seesaws On Social Media Bad-Mouthing, NLRB Issues Guidance On Social Media Policies and Administrative Law Judge Recommends Employees Fired For Facebook Be Reinstated and Provided Loss of Pay, an Administrative Law Judge (“ALJ”) has made a recommendation on another … Continue Reading
On August 26, our colleague Lisa Berg posted an article on the National Labor Relation Board’s (NLRB) new rule requiring employees (union and non-union) to post a notice informing employees of their rights under the National Labor Relations Act, including the right to organize a union, form, join, or assist a union, bargain collectively, discuss … Continue Reading
I’m no beer aficionado but every now and then I enjoy a Purple Haze, an American-style wheat beer from a microbrewery just outside of New Orleans. What employers will probably not enjoy is the National Labor Relations Board’s (“Board”) recent ruling, in Specialty Healthcare and Rehabilitation Center of Mobile, making it easier for unions to … Continue Reading
