Tag: National Labor Relations Board (NLRB)

Philly Off-Duty Employee Did WHAT? Some Tips So Employer Doesn’t Step in It, Too

For the first time since 1960, the Philadelphia Eagles are Super Bowl Champions. Inspired play from backup quarterback Nick Foles and some gutsy moves from coach Doug Pederson propelled the Eagles past the favored Patriots in one of the better games I’ve seen in quite some time. I’m far from a Philly fan, but I […]

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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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Labor looks for love

by Richard I. Lehr —“I was lookin’ for love in all the wrong places, lookin’ for love in too many faces, searchin’ their eyes and lookin’ for traces of what I’m dreamin’ of.” The song “Looking for Love,” written by Wanda Mallette, aptly describes the circumstances of organized labor. Despite labor’s political expenditures and substantial […]

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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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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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To fire or not to fire? Even egregious acts require care before termination

What if you had an employee who apparently showed up to work drunk and then loudly swore at a coworker within earshot of customers? Would you: (A) fire the employee on the spot, (B) investigate and then terminate if evidence shows the accusations are likely true, or (C) let it go to prevent the employee […]

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Federal government slowly redefining joint-employer doctrine

by Ryan Funk In recent years, business relationships have increased in complexity. So, among all the independent contractors, franchises, joint ventures, and internships, just who is an employee? And which company—or companies—is the employer? Federal and state regulators are taking a new look at those questions and responding with new interpretations and new regulations. The […]

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‘No good deed’ for Microsoft, others in the high-tech sector

by Leslie E. Silverman There is a common refrain uttered by management lawyers, “No good deed goes unpunished.” Yes, it is cynical, but as employers in the high-tech sector are beginning to discover, it is often true. Currently, Microsoft is dealing with issues as a result of well-intended diversity and corporate social responsibility efforts.  Social […]

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Do you have a Weiner in your workplace? Disciplining employees for off-duty misconduct

by Lauren E.M. Russell The most fortuitously named figure in modern politics is embroiled in yet another scandal: Former Congressman Anthony Weiner is back in the news because of a third round of sexting allegations. He has been suspended or terminated from two freelance writing positions because of the recent allegations against him. While a […]

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What HR can do to prevent workplace violence

by Jonathan R. Mook News reports of yet another workplace shooting have become all too frequent in our media-saturated world. The seemingly constant reports of shootings makes clear to all employers the inconvenient truth that no workplace is totally immune from the possibility that a violent incident will occur. Indeed, according to the federal Occupational […]

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