Labor Law Archives - Page 11 of 17 - Kollman & Saucier P.A.

The NLRB's Big Mac Attack

Kollman & Saucier

01/13/2016

The National Labor Relations Board recently heard two interlocutory appeals by McDonald’s that arise out of a sprawling case against it and a number of its franchisees. The General Counsel filed 61 unfair labor practice charges in 6 regions. The charges were brought against 31 parties (30 franchisees and the corporate franchisor) and allege 181 violations. The General Counsel did not allege that McDonald’s (the corporate franchisor) engaged in...

Kollman & Saucier

01/08/2016

Labor Law, Union Activity

On December 24, 2015, the National Labor Relations Board (NLRB) invalidated two employee handbook policies that prohibited employees from recording conversations, phone calls, images or meetings in the workplace. In Whole Foods Market, Inc. and United Food and Commercial Workers, et al., 363 NLRB No. 87 (2015), the NLRB found that requiring employees to obtain management’s approval before recording certain aspects of the work environment violated...

Kollman & Saucier

12/22/2015

Labor Law

The legalization of medical and recreational marijuana use has created a host of new employment law issues. One of the most common questions we get is about drug test results: what happens if an employee or applicant tests positive in a state where medical or recreational marijuana use is legal? (the answer is that marijuana use is still illegal under federal law, so, in theory, an employer can discipline the employee or not hire the...

Kollman & Saucier

11/13/2015

Labor Law

A recent decision from the NLRB demonstrates that even cleverly worded arbitration and class action policies are going to be a tough sell to the Board. In Amex Card Services Company, NLRB Case no. 28-CA-123865, American Express required all new hires, and employees hired after June 1, 2003, to agree to resolve any employment-related dispute by arbitration, and to refrain from engaging in any class, representative or collective action. These...

Kollman & Saucier

11/11/2015

Labor Law

By now, most employers know that the NLRB is cracking down on’ practices and policies that could interfere with employees’ rights to engage in "protected concerted activity" under the NLRA. Unfortunately, as the Board continues to expand the scope of its decisions, many employers (and lawyers) are forced to play catch-up and revise policies. A recent case from the United States Court of Appeals for the District of Columbia is a lesson in...

Clifford Geiger

10/22/2015

Labor Law

The Second Circuit recently affirmed a National Labor Relations Board (Board) decision that Triple Play Sports Bar and Grille illegally fired two employees for Facebook posts about their employer’s handling of payroll tax withholding. Three D, LLC v. NLRB, 2d Cir., No. 14-3284, 10/21/15. In a Facebook status update a former employee posted “[m]aybe someone should do the owners of Triple Play a favor and buy it from them. They can’t even do the...

Kollman & Saucier

10/08/2015

Labor Law, Legislative Developments

In the past several weeks, Democratic leaders in Washington have proposed a a series of dramatic changes to federal labor laws intended to make it easier for labor unions to organize workers. On September 16, 2015, Senator Patty Murray (Wa.) and Representative Bobby Scott (Va.) introduced the "Workplace Action for a Growing Economy" (WAGE) Act (H.R. 4514; S.2042). The legislation would amend the National Labor Relations Act to allow workers to...

Kollman & Saucier

09/01/2015

Agency Activity, Labor Law

In a move less surprising for its outcome than the breadth of its likely effects, President Obama’s NLRB adopted, by a 3-2 vote, a new standard for joint employers in Browning-Ferris Industries. Case 32-RC-109684 (Aug. 27, 2015). The aftershocks of the Board’s decision, which overturned three decades of stable case law, may very well revamp the landscape of collective bargaining. Section 8(a)(5) of the National Labor Relations Act (NLRA)...

Kollman & Saucier

08/19/2015

Labor Law

The highly publicized effort by Northwestern University's football players to form a union was thrown for a big loss this week when the NLRB unanimously dismissed the union's representation petition. Northwestern Univ., 362 N.L.R.B. No. 167 (8/17/15). Reversing the March 2014 decision of the NLRB Regional Director in Chicago, the full Board found that the control the NCAA and athletic conferences such as the Big 10 exerts over...

Darrell VanDeusen

06/11/2015

Labor Law

For those of us of a certain age, the “Little River Band” conjures memories of a ‘70’s light rock band and the song “Reminiscing.” And yes, they are still touring (they will be in Annapolis, Maryland in November). But that is not this case. We’re talking here about a Sixth Circuit decision, 2-1, that held the NLRA applies to a Michigan casino run by a Native American tribe on Indian land that employs mostly people who are not tribal...

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The NLRB's Big Mac Attack

Whole Foods Stores Are For Shopping And Secretly Recording, Says The NLRB

NLRB Judge Rules That "Joint Employers" Are Joint Employers

NLRB Strikes Down AmEx Arbitration Policy

Federal Appeals Court Affirms NLRB Decision Striking Down Employer Policies

Employee Facebook Activity Not Disloyal Enough To Be Grounds For Valid Discharge

Democrats Propose Major Overhaul of Federal Labor Laws

Obama NLRB Overhauls “Joint Employer” Standard

NLRB Sends Northwestern Players Union to the Bench

NLRB Has Jurisdiction Over Little River Band

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Category: Labor Law

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