Hooters “Don’t Disrespect Patrons” Rule Violates NLRA

Darrell VanDeusen
Darrell VanDeusen
05/23/2014
A NLRB ALJ has ruled that a Hooters Handbook’s Code of Conduct that listed a variety of “don’ts” – including “don’t disrespect patrons” – violates employee rights under the National Labor Relations Act. Hoot Winc, LLC, NLRB ALJ No. 31-CA-104872 (May 19, 2014). Yes, you read that right. There’s no question that the current NLRB is more employee friendly than it has been in a long time. There are a number of recent decisions from...
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More on the Northwestern Players Union ....

Eric Paltell
Eric Paltell
05/15/2014
Yes, we posted on this yesterday, but this video spoof of an interview with the Northwestern coach is priceless.  My favorite line: Q. Coach, do you think your players will cross a picket line? A. I'll tell you what - put a goal line out there and not a one of them will cross...
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NLRB Invites Briefs in Northwestern Football Players Case

Clifford Geiger
Clifford Geiger
05/14/2014
On March 26, 2014, the NLRB's Chicago Regional Director issued a decision finding that approximately eighty-five (85) scholarship football players at Northwestern University are "employees" under the National Labor Relations Act (the “Act”).   The Board conducted a secret-ballot election to determine whether the College Athletes Players’ Association would become the bargaining agent for these student-athletes, but the ballots were impounded...
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NLRB Strikes Down Hospital Rule Against Workplace "Negativity"

Eric Paltell
Eric Paltell
04/03/2014
I remember my fourth grade teacher, Mrs. Wilbourne, telling us a very important rule: "if you don't have anything nice to say about someone, don't say anything at all."  Well, its a good thing the current NLRB was not around back then, because it looks like they would have had a problem with that rule. In Hill and Dales General Hospital, 360 NLRB No. 70 (April 1, 2014), a hospital decided to change its culture, which was plagued by "back-biting and...
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NLRB Signals What's On Its Agenda

Eric Paltell
Eric Paltell
04/01/2014
Each year the General Counsel to the National Labor Relations Board meets with labor attorneys at the American Bar Association's Midwinter meeting of the Labor and Employment Section. In this meeting, the General Counsel answers questions about the  Board's case handling processes and priorities. On March 26, 2014, the NLRB released a memorandum summarizing the information provided by the General Counsel in this year's meeting.  For those of you...
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Goooo Team.... er, Union?

Darrell VanDeusen
Darrell VanDeusen
03/26/2014
Forget March Madness baby.  Here’s where things get interesting. The Chicago Region of the NLRB has announced its decision that Northwestern University football players are “employees” under the National Labor Relations Act, and that they can vote to unionize.   Northwestern University, 13-R-121359 (March 26, 2014).   The University has indicated its intent to appeal the decision to the full NLRB in Washington. By way of background, a...
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NLRB Rules Its Legal To Outlaw "Negative Attitudes" in the Workplace

Garrett Wozniak
Garrett Wozniak
03/07/2014
In a February 28, 2014 decision, the National Labor Relations Board (“NLRB”) found that a South Carolina restaurant did not violate the National Labor Relations Act (“NLRA”) when it implemented a rule prohibiting employees from “displaying a negative attitude” when interacting with coworkers and customers.  Copper River of Boiling Springs, LLC, 360 N.L.R.B. No. 60 (2014). The Board’s Republican members, Philip A. Miscimarra and Harry...
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NLRB Rules That Medical Residents Are Employees Eligible to Unionize

Randi Klein Hyatt
Randi Klein Hyatt
02/28/2014
Resident doctors work long hours caring for sick, vulnerable patients.  Eighty hours a week or more is typical.  During that time, under the supervision of an attending physician, they have major responsibilities—making medical decisions, treating patients and performing surgeries.  The administration of one New York medical school and hospital, however, believed that residency is not a job at all.  Rather, the school and hospital argued,...
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Supreme Court Hears Arguments on Validity of NLRB Recess Appointments

Kollman & Saucier
Kollman & Saucier
01/17/2014
It turns out that schoolchildren aren’t the only ones who care about how long recess is.  On Monday, the Supreme Court heard oral arguments in National Labor Relations Board v. Noel Canning, No. 12-1281, a case that is expected to decide how to allocate power between the President and Senate when it comes to recess appointments and could result in the invalidation of hundreds of NLRB decisions . For those unfamiliar with the case, by January 3,...
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Appellate Court Reverses NLRB and Upholds Legality of Class Action Waivers

Eric Paltell
Eric Paltell
12/04/2013
Employers scored a big victory yesterday when the United States Court of Appeals for the Fifth Circuit reversed the National Labor Relations Board's D.R Horton ruling, which invalidated an employer's arbitration agreement containing a waiver of an employee's right to file class-action claims. D.R. Horton v. NLRB, 5th Cir No. 12-60031 (12/3/13).  The decision will make it  easier for employers to enforce class-action waivers, including waivers of...
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