Published: August 23, 2017

In 1975, the U.S. Supreme Court in the case NLRB v. Weingarten, established the rule that union members have the right to have a union representative present at an interview or meeting that could lead to disciplinary action against the employee. Last Friday, a panel of the U.S.

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Published: July 13, 2017

On July 3, 2017, the Eighth Circuit overturned a National Labor Relations Board (the “Board”) decision finding that a Jimmy John’s franchisee, MikLin Enterprises, Inc. (“MikLin”) violated the National Labor Relations Act (“NLRA”) when it discharged and disciplined employees who publicly distributed posters suggesting that consumers may become sick from eating sandwiches made by sick workers. The posters, which were distributed during a union organizing drive, were part of a campaign to demand paid sick leave.

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Published: June 2, 2017

In a recent appeal before the United States Sixth Circuit, the Court weighed in on an increasingly controversial issue: Whether employers can require employees to agree to a mandatory arbitration provision that requires individual arbitration of employment-related claims, thus forbidding class actions or claims otherwise joined with the claims of others.  According to the Sixth Circuit, they may not.
 

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Published: May 17, 2017

Many employers assume that they have broad authority to control off-duty employee access to employer property. A recent ruling by the National Labor Relations Board (NLRB) may require a second look at “No Loitering” policies.

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Published: May 5, 2017

The National Labor Relations Board ruled last week that a railroad car repair company properly terminated an employee after he hurled numerous obscenities at his supervisor, including telling the supervisor to “f*** you and f*** this job.”  
 

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Published: April 3, 2017

On March 24, the D.C. Circuit upheld an order from the National Labor Relations Board that an employee confidentiality agreement was impermissibly overbroad in Banner Health v. NLRB. The confidentiality agreement was a condition of employment at Banner Health System, a large not-for-profit health care system, and forbade employees from discussing the private employee information of coworkers. Included in the list of banned topics of discussion was salary information and disciplinary actions.

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Published: March 31, 2017

On Monday, March 27, President Trump issued an Executive Order revoking President Obama’s Executive Order 13673, Fair Pay & Safe Workplaces, a/k/a “Blacklisting” Rule.  The bulk of the Rule had already been enjoined by a Texas federal district court on October 24, 2016, just hours before it was slated to go into effect; however, the injunction did not affect the “paycheck transparency” requirements that went into effect January 1, 2017.  President Trump also took care of that issue by instructing federal agencies to rescind any rules, regulations, or guidance implementing or e

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Published: February 13, 2017

GOP Reacts Swiftly to NLRB General Counsel’s Memorandum Regarding the Status of Division I Scholarship Football Players at Private Universities

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