With inclement weather, snow flurries, and ice in the forecast, we thought it was best to dust off the old blog post and remind you about best practices to address weather-related issues when paying employees. We hope you all stay warm and safe. As always, your priority should be safety for your employees. Here’s a
John W. Hargrove
John Hargrove is a partner in the Labor and Employment Practice Group where he has practiced for almost 40 years. He also is a Fellow in the American College of Labor and Employment Lawyers. He regularly represents public and private companies in mining, construction, manufacturing, medical, communications and warehousing industries, among others. He also represents municipal and quasi-public organizations such as police and fire departments and school boards. John also has represented several nonprofit agencies, ranging from national sports organizations to small local charities.
Where Are We on Noncompetes? Update on the Federal Role
We have news on two fronts:
First, the FTC Rule
As related to the Federal Trade Commission’s nationwide ban on noncompete agreements, the FTC has appealed the federal court injunction in Texas to the federal Fifth Circuit Court of Appeals in New Orleans. Recall that the FTC issued its nationwide ban, with limited exceptions…
TIPS at the Coffee Shop: A Caffeinated Reminder About What Not to Do During Union Campaigns
The Recent Starbucks Decision
The National Labor Relations Board issued yet another Starbucks decision this past week. Again, the Board upheld an administrative law judge’s opinion that Starbucks violated the National Labor Relations Act during a union’s organizing campaign at a New York retail location. This new Starbucks decision is an excellent reminder about what…
An Opinion Is an Opinion, But an Opinion with a Threat Is a Threatening Opinion, and Threatening Opinions Are Unlawful Under the National Labor Relations Act
A National Labor Relations Board administrative law judge in San Francisco recently ruled that Amazon CEO Andy Jassy violated the National Labor Relations Act when he commented on labor unions through several media outlets. As a result of Mr. Jassy’s violations, the judge entered an order requiring Amazon to post a nationwide notice stating that…
How Quickly Can the NLRB Get You? The Supreme Court to Decide in Starbucks Appeal
As we have been blogging during the Biden presidency, the National Labor Relations Board has become quite aggressive these days. The aggression toward employers has been shown in the types of conduct the Board finds to be unlawful (like simply holding meetings with employees), the types of relief that the Board seeks (like compensatory damages…
Keeping Workers Safe in The Dome: Update on OSHA’s Heat Hazard Initiative
“Excessive.” “Feels Like.” “Heat Dome.” All of these words and phrases come up in almost every conversation these days. With another summer of record heat upon us, OSHA continues to move forward with a proposed heat standard. OSHA just last week reopened the official comment period for its proposed rule, which will now extend through…
Labor Board Maintains Course with Pro-union Agenda
The National Labor Relations Board in 2023 has continued on its pro-union path in all areas of traditional labor law. Many of the NLRB’s actions are the result of the ongoing advice memos which are being issued by General Counsel Jennifer Abruzzo. We previously have blogged about some of the advice memo topics, such as…
Brain Tumor: A Little Too Little, Too Late — Sixth Circuit Addresses Late Disclosure of Disability
Employers sometimes face difficult decisions after learning of an employee’s disability. What if you learn of a disability after ongoing repeated employment deficiencies or even after a disciplinary or discharge decision already has been made? Do you stay on course for the discharge? Add more time (give them another chance)? Reverse course completely? As with…
Eyeing Ian—Obligations to Employees Under Severe Weather Conditions
With Hurricane Ivan wreaking havoc, our thoughts go to those in the path of the ever-strengthening storm. The first priority for all affected is safety, but severe weather does also raise numerous employment law issues. Employers are again reminded that weather can affect your workplace. With hurricane season underway, we have updated this previously published …
Did We Hear That Right? NLRB Holds Discipline for ‘Whore Board’ Graffiti Is Improper
An employee writes “whore board” on a company bulletin board — you can fire him, right? Not according to the NLRB and now the federal D.C. Circuit Court of Appeals. In Constellium Rolled Products v. NLRB, the employer’s discipline and the NLRB’s ruling on the resulting unfair labor practice charge is a…