By Jennifer L. Mora and Jeffrey A. Berman
Seyfarth Synopsis: With a new President comes a shift in the balance of power at the National Labor Relations Board. To start, shortly after President Biden took office in January, the NLRB’s sole Democrat, Chairman McFerran, issued several dissents that provided a window into what the future would look like under
Continue Reading Don’t Let the Pendulum Hit You as it Swings: NLRB General Counsel Previews a Pro-Labor Agenda
Seyfarth Synopsis: During the COVID-19 pandemic, California grocery, drug store, and other front-line workers have continued to sell essential products, stock shelves, clean buildings, and otherwise keep our economy moving. Several cities and counties have taken action—often in hap-hazard ways—to force the employers of these
Seyfarth Synopsis: Even if bad Glassdoor reviews have you feeling like you need to fight back, employers should stay out of the ring, and instead implement social media policies that clearly define prohibited behavior and disclosures, while spelling out the consequences for violations. Employers must not retaliate against employees for their lawful out-of-office behavior.
Seyfarth Synopsis: Private employers can face competing obligations when it comes to responding to employees’ expressive conduct. Employee rights may collide with employer obligations to maintain a safe and harassment-free work environment, not to mention the employer’s interest in maintaining productivity and avoiding adverse publicity. Here are some guiding principles.