Tag Archives: Negotiations/Collective Bargaining

Baseball’s Winter of Discontent

Ver la versión en español aquí What can we learn from Major League Baseball’s currently unemployed players? Employee satisfaction has become increasingly important as employees expect fulfillment in their careers (both financially and with work-life balance programs and benefits). Whether unionized or not, it is important to analyze a company’s culture and the industry to … Continue Reading

Back by Popular Demand: “New Mental Disorders Could Lead to Spike in ADA Claims”

Ver la versión en español aquí What do forgetfulness, menstrual cramps and temper tantrums have in common? They are all symptoms of new mental health disorders recognized in the latest version of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5), a handbook widely used by health care professionals to assess and diagnose mental disorders. … Continue Reading

Collective Action Waivers Survive Court Scrutiny Despite NLRB Ruling

On February 1, a federal court in New York joined appeals courts in the 3rd, 4th, 5th, 8th, 9th and 11th circuits in finding enforceable a waiver of the right to bring collective actions under the Fair Labor Standards Act (FLSA) in arbitration agreements.  This decision is at odds with the National Labor Relations Board’s … Continue Reading

National Labor Relations Board Highlights Examples of Protected Concerted Activity on New Web Page

If you are a non union employer be afraid – be very afraid.  Take a look at the NLRB’s new web page that highlights cases where the Board thought that the activity engaged in by the employee was protected under federal labor law, http://www.nlrb.gov/concerted-activity.  The cases involve both union and non-union employers because the concept of … Continue Reading

NLRB’s Acting General Counsel Provides Do’s and Don’ts for Social Media Policies

The National Labor Relations Board Acting General Counsel Lafe E. Solomon issued his third report on employees’ social media use on May 30.  We previously blogged about the first report (see NLRB Issues Guidance on Social Media Policies) and several other NLRB cases involving social media. This recent report focuses on the lawfulness of several … 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

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

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

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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