Tag Archives: labor law

Our Group is Growing Again – Tallahassee Here We Come!

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

Miranda Rights in the Workplace? Not Quite, but Meet His Cousin Weingarten

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

D.C. Circuit Takes No Prisoners: Rebukes NLRB Decision Declaring “Common Sense Sometimes Matters”

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

OMG! Your Policy Says What? Part 2

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

Firing By Non-Profit for Inappropriate Facebook Conversation OK’d By NLRB Judge

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

NLRB Continues its Attack on Overly Broad Social Media Policies

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

Despite Court Ruling Striking Several Key Provisions, Employers Must Still Post NLRB Notification of Employee Rights By April 30

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

Two Federal Courts Greenlight Employment Arbitrations

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

NLRB Says No to Requiring Employees to Sign Arbitration Agreements Prohibiting Group or Class Action

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

Administrative Law Judge Reviews Two Facebook Postings – One Protected, One Not

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

NLRB Postpones Notice-Posting Rule Until January 31, 2012

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

Microbreweries Are Good; Micro-Bargaining Units Aren’t

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

Administrative Law Judge Recommends Employees Fired for Facebook Posts Be Reinstated and Provided Loss of Pay

For the first time, in Hispanics United of Buffalo, Inc., an Administrative Law Judge has found a violation of the National Labor Relations Act in a social media case brought by the General Counsel of the National Labor Relations Board (“NLRB”).  As addressed in the earlier post, NLRB OKs Employee Bad-Mouthing on Social Media, the General Counsel … Continue Reading

The NLRB Extends Its “Runaway Shop” Doctrine to Companies Expanding Operations in Right-to-Work States

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
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