Seyfarth Synopsis: With Justice Neil Gorsuch joining the Supreme Court in April, and the apparent re-emergence of a 5-4 split, we expect to see the Court issue more expansive opinions and be less reticent to grant certiorari. The addition of Justice Neil Gorsuch is likely to have particular impact in the field of labor and employment
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Restaurant Wrong To Fire Workers Over Email Criticizing the Restaurant and its Managers
By Karla E. Sanchez and Craig B. Simonsen
Seyfarth Synopsis: Employer must reinstate four employees after it terminated the employees for agreeing with a former coworker’s email that complained about their terms and conditions of employment.
Recently, a National Labor Relations Board Administrative Law Judge ruled that a restaurant unlawfully reprimanded and discharged several employees in violation of
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Second Circuit Holds NLRB Did Not Err in its Finding that Facebook Posting that Supervisor is a “Nasty Mother F***er” and “F*** His Mother” was Protected Concerted Activity
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
NLRB Finds Employee’s Facebook Posts Critical of Union Protected
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
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National Strikes and Boycott Activities Planned for February 16 & 17 (And Beyond)
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
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Leveling the Playing Field: Hospital’s Nonunion Hiring Preference Not Discriminatory
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
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NLRB Finds that Employer Unlawfully Refused to Bargain with Union
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
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OSHA Proposed Citations Covered by Texas Judge’s Grant of Preliminary Injunction to Government Contractors Challenging “Blacklisting” Executive Order
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
The NLRB Continues To Go After Non-Union Employers in Industries it Has Historically Not Targeted
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
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NLRB Administrative Judge Finds Employee Facebook Post Was Protected Speech
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
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