Seyfarth Synopsis: The Second Circuit agrees with the Board that the use of profanity in a Facebook post was not “opprobrious enough” to lose the NLRA’s protections and justify the employer’s termination of the employee.
A server whose “conduct [sat] at the outer bounds of protected, union-related comments” when he posted that his manager is
By Ashley Laken
Seyfarth Synopsis: NLRB affirms ALJ’s ruling finding that a union member’s criticisms on Facebook of the union that represented him were protected by the NLRA.
On February 7, 2017, in Laborers’ International Union of North America, Local Union No. 91, 365 NLRB No. 28, the National Labor Relations Board affirmed an NLRB administrative law judge’s
Continue Reading NLRB Finds Employee’s Facebook Posts Critical of Union Protected
By Marshall B. Babson, Katherine Mendez, and Bryan Bienias
Seyfarth Synopsis: Several organizations are planning nationwide strikes and boycott activities on February 16-17 to oppose Trump Administration and Republican policies. Employers impacted by these activities should be mindful of employees’ rights before responding.
Several labor and activist groups are calling for national general strikes and boycotts this week
Continue Reading National Strikes and Boycott Activities Planned for February 16 & 17 (And Beyond)
Seyfarth Synopsis: The Court of Appeals for the First Circuit reversed the NLRB, holding that the Board lacked substantial evidence to find that the hospital group unfairly preferred nonunion workers when filling nonunion positions.
The National Labor Relations Board may not invalidate employment policies that accomplish legitimate goals in a nondiscriminatory manner “merely because the Board might
Continue Reading Leveling the Playing Field: Hospital’s Nonunion Hiring Preference Not Discriminatory
Seyfarth Synopsis: NLRB rules that the operators of the Detroit Masonic Temple unlawfully refused to bargain with a union that represented various engineers and maintenance workers at the temple, even though none of the remaining members of the bargaining unit were union members.
NLRB Chairman Pearce and Members Miscimarra and McFerran unanimously ruled that the
Continue Reading NLRB Finds that Employer Unlawfully Refused to Bargain with Union
By Annette Tyman, Lawrence Z. Lorber, Jaclyn W. Hamlin, and Brent I. Clark
Seyfarth Synopsis: The first of several anticipated challenges to Executive Order 13673, “Fair Pay and Safe Workplaces,” has resulted in a preliminary injunction staying the implementation of some – but not all – aspects of the Executive Order and its implementing regulations. In a
Continue Reading OSHA Proposed Citations Covered by Texas Judge’s Grant of Preliminary Injunction to Government Contractors Challenging “Blacklisting” Executive Order
By Michael Rybicki, Esq.
Seyfarth Summary: The relevance of the National Labor Relations Act to industries and business sectors that have not traditionally had to deal with its implications – such as hedge funds.
The New York Times recently ran on the front page of its business section a lengthy article discussing the National Labor Relation’s Board challenge to
Continue Reading The NLRB Continues To Go After Non-Union Employers in Industries it Has Historically Not Targeted
By Erin Dougherty Foley and Craig B. Simonsen
Seyfarth Synopsis: A new NLRB decision that attempts to define further the boundaries of protected speech under the NLRA.
In Laborers’ International Union of North America and Mantell, Case No. 03-CB-136940 (NLRB September 7, 2016) the initial question in the case was whether the Union restrained or coerced Frank Mantell
Continue Reading NLRB Administrative Judge Finds Employee Facebook Post Was Protected Speech
By Erin Dougherty Foley and Craig B. Simonsen
Seyfarth Synopsis: A couple of Circuit Court decisions last week may cause some trepidation for your company’s HR managers as they shuffle through the off-duty activities of company employees that get brought onto the company’s property and into its business. This blog offers some comments on the decisions, and recommendations for employers.
Continue Reading Guns and Motorcycle Clubs Oh My! – What’s an HR Manager To Do?
By Kevin A. Fritz and Rashal Baz
Seyfarth Synopsis: New EEOC study calls for employers to “reboot” workplace harassment prevention efforts, outlines statistics, risks and administrative recommendations.
On June 20, 2016, two Commissioners of the U.S. Equal Employment Opportunity Commission (“EEOC”) presented their findings of a fourteen month workplace harassment study in Washington, D.C.
The U.S. Supreme Court created a
Continue Reading Workplace Harassment: EEOC Challenges Employers To Step-Up Their Approach