Tag: National Labor Relations act (NLRA)

Can They Do That? Firing Employees for Off-Duty Conduct

by T. Harold Pinkley Participating in last year’s Unite the Right rally in Charlottesville, Virginia—an event that involved several groups usually identified as the “alt-right,” along with groups protesting the marchers—has proven to have unforeseen and unintended consequences, including job loss, for some of the people involved. This article examines how you can or should […]

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But my employees aren’t unionized! A trap for the unwary

by William J. Evans “But my employees aren’t unionized!” is a frequent exclamation uttered by employers when they learn they’ve been charged with violating their nonunion employees’ Section 7 rights under the National Labor Relations Act (NLRA). It’s a surprisingly little-known fact that the NLRA applies equally to union and nonunion workers. Accordingly, nonunion employers […]

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Employers in limbo as government entities differ on meaning of laws

by Burton J. Fishman When the U.S. Supreme Court opened its new term on October 2, 2017, the legal world was knocked off its axis. In a rarely seen occurrence, the solicitor general, speaking on behalf of the United States, and the General Counsel of the National Labor Relations Board (NLRB) took opposing positions on […]

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Office politics: preventing disruptive discourse

by David L. Johnson Recently, a Pennsylvania YMCA stopped showing cable news shows on the TVs in its gym because they were prompting political squabbles among its members. When filtered into the diverse workplace, passionate opposing political viewpoints can harm productivity and morale and even create liability issues for employers. Sometimes political discussions can morph […]

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Firestorm over Google memo putting ‘diversity of thought’ in spotlight

What was meant to be an internal memo written by a male engineer at Google hit the internet in a big way in early August, igniting controversy that led to the employee’s firing and much discussion about the effectiveness of corporate diversity efforts.  The now-infamous memo raises questions on many fronts. Among them: Does it […]

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If you can’t stand the heat, get out of the kitchen—best practices from Top Chef

“If you can’t stand the heat, get out of the kitchen!” That’s essentially what a group of Teamsters told Top Chef host personality Padma Lakshmi back in June 2014 outside of Steel & Rye restaurant in Milton, Massachusetts. This “episode” is now at the center of a lawsuit brought by the federal government against four […]

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As political tensions rise, employers need to take care responding to protests

Many employers saw their ranks diminished on February 16 as a host of employees stayed away from work in support of the nationwide “A Day Without Immigrants” campaign. Employers are likely to see that situation repeated as more protests are scheduled for the coming months. A walkout to support “A Day Without a Woman” is […]

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Use of hidden surveillance cameras in workplace comes with pros, cons

Surveillance cameras have become so common that people barely notice them even when they’re in plain sight. Cameras frequently hum at traffic signals, parking lots, stores, even offices and factory floors. They’re not always obvious, though. Employers may want to use hidden cameras to secretly monitor workers–especially if workers are suspected of misconduct and the […]

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Elections have consequences: Changes in the employment arena are on the horizon

by Judith E. Kramer and Sean D. Lee With the election of Donald Trump, there is no question that there will be upheaval in many areas of the law. Even in the discrete area of labor and employment law, the prognostications could fill many blog posts. In this article, we focus on the employment-related Executive […]

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Election dynamics in the workplace: Free speech? ‘You’re fired’

by Courtney Bru None of us were immune from this year’s presidential election dynamics. Disrespect and name-calling have seemed more prevalent than policy discussions. The election was highly polarizing, potentially pitting employee against employee.  In the midst of it all, employees were often misinformed about their “free speech rights” in the workplace. A recent instance from Georgia […]

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