Tag Archives: protected concerted activity

Top Takeaways from “Breaking Through the Noise: Labor & Employment Issues Post-Pandemic”

Thank you to our clients and friends who have watched ”Breaking Through the Noise: Labor & Employment Issues Post-Pandemic” so far! We hope you enjoyed it and were provided with timely, relevant and valuable insight. If you have not tuned in yet, the program is available on demand to watch at your leisure. CLICK HERE TO WATCH! Below … Continue Reading

Ready to watch? Breaking Through The Noise AVAILABLE NOW!

IT’S SHOW TIME!   Breaking Through the Noise, our much anticipated 2.5 hour “TV News” program addressing employment issues that you will need to know about in a post-pandemic business environment, is available NOW. CLICK TO WATCH! Block off some time on your calendar now through Sunday, June 20th at 11:59pm ET to enjoy the program!  … Continue Reading

SAVE THE DATES – Breaking Through The Noise: Labor & Employment Issues Post-Pandemic

LIGHTS, CAMERA, ACTION!   We are excited to announce the air date for Breaking through the Noise, our much anticipated 2.5 hour “TV News” program addressing employment issues that you will need to know about in a post-pandemic business environment. The program will be available to view on our website at your leisure from Wednesday, June … Continue Reading

Coming Soon in June to a Screen Near You!

For the last 30 years, we have put on a live, all-day conference attended by hundreds of our clients and friends across Florida.  Unfortunately, due to COVID, the seminar was cancelled again this year.  As we know almost everyone is Zoom-ed and webinar-ed out, we thought we’d do something different this year – a two-hour … Continue Reading

Black Lives Matter Apparel At Work – Legal, Business and Social Considerations

Ver la versión en español aquí The Black Lives Matter (“BLM”) movement has sparked significant emotion in the past few months.  As the NBA restarts the season, TV viewers will see the phrase emblazoned on the courts and on some players’ jerseys.  What you won’t see on TV are the large employers which have faced … Continue Reading

Why Can’t We All Just Get Along?

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

NLRB Speak on Employee Handbook Provisions (Again). Private Sector Employers Take Note.

Ver la versión en español aquí Coastal Industries, a Jacksonville, Florida employer, thought it had an employee handbook that was compliant with the dictates of the National Labor Relations Board (NLRB). After a NLRB review of its handbook, however, it got a rude awakening. Remember, the NLRB can find workplace policies to be unfair labor … Continue Reading

Class Action Waivers: Will The Supreme Court Successfully Realign the Litigation Galaxy?

Ver la versión en español aquí Finally. The wait is almost over. The U.S. Supreme Court will decide whether an employer may enforce a mandatory arbitration agreement that contains a class action or collective action waiver. Last Friday, the Supreme Court agreed to hear 3 cases stemming from the NLRB’s 2012 decision in D.R. Horton, … Continue Reading

Employees Behaving Badly III: Now What?

Ver la versión en español aquí This is the second time my post discusses Donald Trump, except now he is President-elect Donald Trump.  Much has been written in the week since his election regarding how his presidency may impact employers.  Overall, the consensus seems to be that established laws such as Title VII and the … Continue Reading

Have an Election Season Free from Tax Penalties!

Ver la versión en español aquí It’s hard to turn on a TV, read the news, or walk into a social setting without hearing about the election. As we head into the full-blown campaign season, we want to remind you that federal tax law specifically prohibits political campaign activity by employers that are tax exempt … Continue Reading

NLRB Judge Nixes Part of Hospital’s Code of Conduct

A National Labor Relations Board  (NLRB) administrative law judge recently found two code of conduct rules that prohibited comments exceeding “the bounds of fair criticism” and behavior that  “is counter to promoting teamwork” violated the National Labor Relations Act (NLRA).   Click here for copy of the case.  The case arose after the William Beaumont  Hospital terminated … 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

I Hear There is an Election Coming Up – Is There Anything I Should Be Concerned About?

If you have not watched television or driven on any road lately, you might be surprised to learn that there is a presidential election scheduled for Tuesday, November 6.  Well maybe not.  This blog focuses on issues that employers should consider during the next few weeks. Florida law does not require employers to give employees … Continue Reading

Employers Beware: NLRB Says Your Confidentiality Rules and At-Will Employment Disclaimers May Violate the Law

This summer, the National Labor Relations Board (“NLRB”) highlighted its position that confidentiality rules and at-will employment disclaimers routinely promulgated by employers may violate the federal labor law.  The NLRB held that a generalized directive to employees not to discuss matters under investigation with co-workers interfered with the National Labor Relations Act (“NLRA”).  The NLRB … 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 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

Title VII Retaliation Does Not Cover Complaints About Investigatory Process

In a recent decision, the Eleventh Circuit Court of Appeals, which has jurisdiction over Florida, ruled that an employee who was terminated after complaining about the way her employer conducted a sexual harassment investigation did not have a claim for retaliation under Title VII.  Brush v. Sears Holdings Corp. is interesting because the plaintiff, Brush, … 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
LexBlog