Tag: NLRB

Sexual Harassment: California’s High Court Affirms Automatic Liability for Harassment by Supervisors, But Employers Can Take Steps to Limit Victim’s Damages

In a new ruling, the California Supreme Court has affirmed employers are automatically liable for sexual harassment committed by supervisors, but damages for an employee who doesn’t take reasonable steps to avoid or report supervisor harassment can be reduced. We’ll examine the new case and suggest smart employment practices that can help you limit damages—and […]

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Disability Discrimination: Supreme Court Upholds Non-Rehire-for-Drug-Use Policy Violation; Caution Still Required. 3 Practices to Keep You Out of Court

The U.S. Supreme Court has upheld an employer’s refusal to rehire a former employee who violated the company’s drug use policies. This means employers may continue to use neutral policies, but an employee can still prove the employer intentionally discriminated against them and is just using the policy as a pretext to hide wrongdoing. We’ll […]

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Terminating Employees: Firing Employee for Discussing Family Leave Rights with Co-Workers Violated NLRA; Even Nonunion Employers Must Be Cautious

Most employers know the National Labor Relations Act (NLRA) protects an employee’s right to participate in union activities. But the law is actually much broader than that. It also covers workers—union and nonunion—who join together to protest or seek changes in the terms and conditions of their employment. Retaliation against an employee for engaging in […]

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Arbitration: Mandatory Arbitration OK for Wrongful Termination Claims–but Only if Agreement Is Fair; Make Sure Your Agreements Will Hold Up in Court

The California Supreme Court has decided that its landmark ruling in 2000 that required mandatory arbitration agreements to contain certain fairness protections for employees isn’t just limited to discrimination and harassment claims. We’ll explain the court’s new opinion.

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Disciplinary Meetings: New Ruling Sheds Light on When Employees Are Entitled to Union Representation

A union worker is about to be called into a monthly performance meeting. He asks if he needs union representation, and you say no. Then, because of something that occurs during the meeting, you terminate him. Were you wrong not to put off the meeting until he had representation? We’ll review a recent National Labor […]

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News Notes: NLRB Removes Union Protection In Company Takeovers

The National Labor Relations Board has overturned one of its prior rulings that gave unions some protection from challenge when a nonunionized employer acquires a unionized company. Under the previous rule, unions could bargain with the new, nonunion employer free from challenge for a reasonable length of time after the takeover. Now, the NLRB has […]

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News Notes: High Court Strikes Down NLRB Standard For Employers Suing Unions

The U.S. Supreme Court has ruled that the National Labor Relations Board erred when it found BE&K Construction Co. guilty of unfair labor practices for suing several unions to stop their campaign against the company. BE&K sued after the unions picketed and distributed leaflets to force the company to build a power plant using only […]

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Immigrant Workers: Supreme Court Says Employers Can’t Be Ordered To Pay Back Wages To Illegal Workers; Practical Impact

When the National Labor Relations Board determines that a worker’s firing violated federal labor laws, it generally orders the employer to reinstate the worker and pay back wages. But what if the worker wasn’t legally permitted to work in the United States in the first place? The U.S. Supreme Court previously ruled that the NLRB […]

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News Notes: Nonunion Workers’ Right To Bring A Co-Worker Upheld

We previously reported on a ruling by the National Labor Relations Board that extended to nonunion employees the right to bring a co-worker to a meeting that may have disciplinary consequences. Now a federal appeals court has upheld the NLRB ruling, expanding to nonunion employees a right that has been recognized for union workers since […]

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