Ver la versión en español aquí. We are now in the fourth week of February, yet a familiar tradition has not taken place. Major League baseball players have not yet reported to their respective camps for Spring Training. Unable to reach a new collective bargaining agreement with the MLB Players Association last December, the MLB … 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 Finally, there is a light at the end of this tunnel. COVID-19 vaccines have been approved for use and are currently being shipped nationwide. COVID-19 vaccinations are a polarizing topic. Well-regarded medical professionals report that the vaccines are between 94-95% effective, have minimal side effects (which do not include … Continue Reading
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
Ver la versión en español aquí Did you see Jon Lester pitch for the Red Sox against the Yankees a few days ago? I bet you more money than Floyd Mayweather made in his fight against Manny Pacquiao that you didn’t. There is no way you could have. That’s because Lester does not pitch for … Continue Reading
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
I wish I had $5 for every time I hear an employer say, “Florida is a right-to-work state, so doesn’t that mean I can terminate an employee for any reason?” Well, sort of, but you have confused the concepts of “right to work” and “at will” employment. Meaning of “Right to Work State” When we … Continue Reading
The National Labor Relations Board (NLRB) has decided not to seek U.S. Supreme Court review of two U.S. Court of Appeals decisions invalidating the NLRB’s Notice Posting Rule. As you may recall, the rule would have required most private sector employers to post a notice notifying employees of their rights under the National Labor Relations … Continue Reading
An Administrative Law Judge of the National Labor Relations Board has once again weighed in on acceptable attire in the workplace. The Judge decided that an employer improperly disciplined a union employee for wearing a t-shirt that had the word “slave” along with a picture of a ball and chain. The decision follows on the … Continue Reading
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
Am I the only blogger who has a problem with social media? My twelve year old is addicted to his smart phone and Instagram. I constantly get poked from Facebook users. I read with dismay how administrative law judges interpreting the National Labor Relations Act (NLRA) have invalidated employers’ efforts to place some limits on … Continue Reading
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
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
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
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
On August 26, our colleague Lisa Berg posted an article on the National Labor Relations 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
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
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
On August 25, 2011, the National Labor Relations Board (NLRB) issued a Final Rule that requires employers subject to the NLRB’s jurisdiction (union and nonunion) to post a notice notifying employees of their rights under the National Labor Relations Act. The notice, which must be posted by November 14, 2011, will inform employees of their … Continue Reading