Labor Law Archives - Page 7 of 17 - Kollman & Saucier P.A.

NLRB: Solo Strike May Be Protected Activity

Kollman & Saucier

07/06/2018

The National Labor Relations Board’s (NLRB) Division of Advice recently published an advice memorandum clarifying that the National Labor Relations Act (NLRA) can protect employees who engage in a solo strike. The memorandum centered on a former employee who was terminated from a Papa John’s restaurant in South Carolina after taking part in an August 2016 “Fight for $15” rally organized by several groups, including the Southern Workers...

Kollman & Saucier

07/06/2018

Labor Law

In June 2017, while making his major league debut for the New York Yankees, right fielder Dustin Fowler crashed into a wall while chasing a foul ball at Chicago’s Guaranteed Rate Field. Fowler seriously injured his knee in the collision, sustaining a rupture of the patellar tendon. Fowler underwent surgery and missed the remainder of the 2017 season. Fowler has sued the Chicago White Sox and the Illinois Sports Facilities Authority,...

Kollman & Saucier

06/27/2018

Labor Law, Public Sector Employment Law, Supreme Court Decisions

On the last opinion day of the 2017-2018 term, the Supreme Court issued a long-expected decision prohibiting public sector collective bargaining agreements from requiring employees who are not members of the union to pay agency fees. In a 5-4 decision written by Justice Alito, the Court overturned 41 year old precedent and ruled that requiring non-members to pay a fee to the union representing them violates the free speech rights of employees who...

Kollman & Saucier

06/20/2018

Labor Law

When an employer has a duty to engage in collective bargaining, its refusal to do so is an unfair labor practice under the National Labor Relations Act (the Act). Refusals to engage in collective bargaining can take many forms. Earlier this week, the National Labor Relations Board (the Board) found that a UPS facility in Puerto Rico unlawfully refused to bargain by continuing to insist that a union proposal be translated from...

Kollman & Saucier

06/07/2018

Labor Law

As many readers know, the issue of player protests during the national anthem has hovered over the National Football League (NFL) since 2016. Two weeks ago, in an effort to refocus coverage on the sport rather than the spectacle, the NFL unveiled its new national anthem policy, which will take effect this season. The policy gives players the option to remain in the locker room during the anthem. Players that take the field must “stand and show...

Kollman & Saucier

05/22/2018

Arbitration, Class Actions, Employment Contracts, Labor Law, Legal Developments

Mandatory arbitration clauses in employment contracts are increasingly a fact of workplace life. What happens, though, when an employee signs an employment agreement requiring that any job-related disputes be submitted to individual arbitration, rather than class- or collective-action lawsuits? Do longstanding federal labor laws protecting workers’ right to engage in “concerted activities for the purpose of . . . mutual aid or protection”...

Kollman & Saucier

05/18/2018

Labor Law

A National Labor Relations Board Administrative Law Judge has invalidated an employer's work rule prohibiting employees from working another job without the company's approval. Nicholson Terminal & Dock Co., Case No. 07-CA-187907 (May 16, 2018). Judge Elizabeth Tafe held that the rule could be interpreted to prohibit employees from working for a union outside of working time and, therefore, unlawfully interfered with employee Section 7...

Darrell VanDeusen

05/10/2018

Labor Law

Imagine this: the only way you can vote is if you show up in person and bring your ID with you. Otherwise voicing your will cannot and will not be accepted. In defense of such a rule, proponents say that the requirements are “merely procedural steps necessary to prevent fraud.” Those who oppose it say the requirements significantly burden the exercise of the protected rights of those who live some distance from the voting place or who lack...

Darrell VanDeusen

05/09/2018

Labor Law

I have represented Colleges and Universities for 33 years and I love the work. I was an adjunct at the University of Baltimore Law School for 30 years and I loved that too. The unique things that happen in the world of higher education never cease to amaze me. So, through that lens, let’s take a look at a recent decision from the Third Circuit, which provides a variety of teachable moments regarding interaction among faculty, a university’s...

Kollman & Saucier

03/20/2018

Labor Law

The National Labor Relations Act (NLRA) gives employees the right to engage in protected concerted activity. The NLRA also makes it an unfair labor practice for an employer “to interfere with, restrain, or coerce employees in the exercise of the rights” under the Act. Despite the NLRA’s broad protections, an employer may take action against an employee whose conduct exceeds the scope of the Act’s protections. The conduct underlying a...

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NLRB: Solo Strike May Be Protected Activity

No Federal Preemption In MLB Player’s Negligence Lawsuit

Supreme Court Rules That Public Sector Agency Fees Are Unconstitutional

Employer Commits Unfair Labor Practice By Insisting on English-Only Proposal

The NLRA and the NFL’s New Anthem Policy

Supreme Court Upholds Individual Arbitration Clauses In Employment Contracts

NLRB Judge Strikes Down Moonlighting Rule

D.C. Circuit Rejects Union’s In-Person, Voter ID Resignation Requirement

Lawsuit over Adjunct’s use of Tenured Faculty’s Syllabus Fails Test

NLRA Doesn’t Shield Employee Who Violated Security Protocols

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Category: Labor Law

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