Tag: National Labor Relations Board (NLRB)

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 […]

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 […]

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 […]

Federal government slowly redefining joint-employer doctrine

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 federal government, in […]

‘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 […]

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 […]

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 […]

Employer’s workplace violence memo violated employee rights

by Frank Rox The National Labor Relations Board (NLRB) continues to amaze (but not surprise) us with its “anything goes” acquiescence to inappropriate workplace behavior. Recently, in Care One at Madison Ave., LLC (Dec. 2014), the Board ruled that an employer violated employees’ rights by posting its workplace violence policy and a memo a few […]

A Sterling reputation tarnished

by Kylie Crawford TenBrook, Best Western International, Inc. In April, recordings of Los Angeles Clippers owner Donald Sterling making racist remarks to his half-black, half-Mexican girlfriend assistant* surfaced. Among those remarks were the following: It bothers me a lot that you want to broadcast that you’re associating with black people. Do you have to? You […]