Labor Law Archives - Page 9 of 16 - Kollman & Saucier P.A.

We Only Part to Meet Again: NLRB Judge Finds Routine Separation Agreement Terms Violate the NLRA

Kollman & Saucier

04/01/2016

Many employers use severance agreements as a tool to reduce legal exposure surrounding an employee separation. Such agreements typically involve a broad release of claims by the employee in exchange for severance from the employer. Employers also generally include terms to clarify post-separation obligations and ensure that once the employee and employer part ways, they will not meet again. Unfortunately, a recent decision by an NLRB judge...

Kollman & Saucier

03/29/2016

Labor Law

Sick of having to find coverage when ill, Jimmy John’s employees who took their message public soon found themselves on permanent leave. In this 2-1 decision, the Eighth Circuit backed a National Labor Relations Board (“Board”) ruling that a franchisee unlawfully discharged employees for publicizing information suggesting the company’s sick leave policy posed food safety risks to consumers. MikLin Enterprises, Inc. v. NLRB, No. 14-3099 (8th...

Randi Klein Hyatt

03/24/2016

Agency Activity, Labor Law, Union Activity

On March 23, 2016, the Department of Labor revealed its long-time coming final rule that requires certain disclosures now be made for outside labor relations consultants who assist employers during union organizing activity or collective bargaining, and which are no longer protected under the "advice" exemption under the disclosure obligations. The reporting requirements under Labor-Management Reporting and Disclosure Act will now include any third...

Randi Klein Hyatt

03/07/2016

Labor Law

Hands off the remote. Last Thursday, the National Labor Relations Board (NLRB) took control, ruling that Dish Network must revise its solicitation policy to allow workers to engage in concerted activity in work areas during non-work times. Dish Network, LLC, Case 27-CA-131084 (March 3, 2016). The NLRB affirmed an administrative law judge’s ruling that Dish Network’s policy seemed likely to suppress workers’ protected activities. The charging...

Kollman & Saucier

02/19/2016

Labor Law, State Law

"Right to Work" laws prohibit an employer from requiring workers to pay union dues as a condition of employment. While many view these laws as something which allows employees to freely choose whether they wish to be a dues-paying union member, organized labor considers them to be an anathema. In a right to work state, employees can be "free riders," meaning they can be covered by a collective bargaining agreement, but not required to pay for the...

Kollman & Saucier

02/15/2016

Labor Law, Public Sector Employment Law, Supreme Court Decisions

In addition to being the final arbiter of cases raising questions of federal law, the United States Supreme Court is sometimes asked to stay the scheduled execution of death row inmates. With the unexpected passing of Justice Antonin Scalia on February 13th, the Court may have granted a stay of of execution to labor unions representing government employees. On January 11, 2016, the Supreme Court heard oral arguments in Friedrichs v. California...

Randi Klein Hyatt

01/13/2016

Agency Activity, Labor Law

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...

Randi Klein Hyatt

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...

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We Only Part to Meet Again: NLRB Judge Finds Routine Separation Agreement Terms Violate the NLRA

8th Circuit Finds Employees’ Sick Ad Campaign is Protected Activity Under the NLRA

The Final Persuader Rule Is Here, For Now.

Employers Can’t Press Mute on Employee Solicitations at Work, NLRB Says

West Virginia Becomes the 26th Right to Work State

Public Sector Unions Will Live to Fight Another Day

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

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Category: Labor Law

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