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Quirky Question #279: Concerted Activity in 140 Characters or Less
Question: I am a manager in a medium-sized retailer that has locations and employees in 16 states. The company maintains a social media policy, which was recently updated. Last week, I noticed that...
View ArticleSecond Circuit Holds Pro-Union Sentiment Outweighs Impropriety of...
Use of profanity by employees, whether in the workplace, outside the workplace, or on social media, presents difficult legal issues for the employer, as highlighted by a recent Second Circuit Court of...
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Many U.S. employers have recently experienced frustration over legal obstacles to keeping high quality foreign-national employees. These valuable employees have often been with the company since...
View ArticleWhat Do Employers Need to Know Following the Passage of California’s New Law...
On September 18, 2019, Governor Gavin Newsom signed into law Assembly Bill 5, which clarifies when workers should be considered “employees” under the California Labor Code and the California...
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As many states progress through different phases of reopening, companies are preparing for their employees to return to work. Employers are also noting, however, that some states are seeing COVID-19...
View ArticleSecond Circuit Holds Pro-Union Sentiment Outweighs Impropriety of...
Use of profanity by employees, whether in the workplace, outside the workplace, or on social media, presents difficult legal issues for the employer, as highlighted by a recent Second Circuit Court of...
View ArticleLitigation may be Key in Response to Rising Denials of Employment-Based...
Many U.S. employers have recently experienced frustration over legal obstacles to keeping high quality foreign-national employees. These valuable employees have often been with the company since...
View ArticleWhat Do Employers Need to Know Following the Passage of California’s New Law...
On September 18, 2019, Governor Gavin Newsom signed into law Assembly Bill 5, which clarifies when workers should be considered “employees” under the California Labor Code and the California...
View ArticleAs States Reopen, Can Employees Refuse to Return to Work Based on Fear of...
As many states progress through different phases of reopening, companies are preparing for their employees to return to work. Employers are also noting, however, that some states are seeing COVID-19...
View ArticleHow the NLRA Applies to All Workplaces, Not Just Unionized Ones: Implications...
When the subject of the National Labor Relations Act (the “NLRA,” or, more succinctly, the “Act”) is broached, employment lawyers often hear a familiar refrain: “The Act doesn’t apply to me because my...
View ArticleCan employers require employees to accept confidentiality and...
Employee reductions and terminations are an unfortunate result of economic downturns. Even during good economic times, many companies face the need to reduce their workforce or terminate the employment...
View ArticleThe NLRB Reverses Course (again) on Employee Outbursts and Protected...
What happens when an employee starts yelling at the boss, makes profane social media posts about work, or engages in other “abusive conduct?” In many cases, employers can follow their own policy and...
View ArticleThe General Counsel for the National Labor Relations Board (“NLRB”), Jennifer...
Abruzzo has been busy. Within the last few months, she has issued two notable memorandums that could have significant impacts on how employers must comply with the National Labor Relations Act...
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