More frequently, employers are turning to arbitration agreements to keep lawsuits out of court and prevent the threat of run-away juries. Many arbitration agreements also contain class action waivers which require employees to bring any claims individually and not as a multi-party or class action. Federal courts have routinely upheld arbitration agreements with class waivers;
All Together Now: NLRB Expands the Joint-Employer Standard
The National Labor Relations Board (NLRB) issued a decision yesterday in a long-litigated case that further defined how two entities could be considered joint employers under the National Labor Relations Act (NLRA). The decision overturned the Regional Director’s finding that workers provided by a staffing agency to a recycling plant were not considered employees of
Tennessee Takes Shot at NLRB in New Law Limiting Franchisor Liability
Franchisors in Tennessee can breathe a small sigh of relief thanks to a newly enacted state statute that seeks to limit their potential liability and strike back at the general counsel of the National Labor Relations Board.
Last year, the NLRB’s general counsel filed complaints against McDonald’s franchisees and McDonald’s franchisor, arguing that the two
The NLRB Expands Employee Protections Yet Again: Will There Be Anything Left Not Considered Protected Concerted Activity?
Continuing a trend we’ve reported on in previous blog posts, the National Labor Relations Board (NLRB) recently handed down yet another decision expanding the protections afforded to employees under the National Labor Relations Act (NLRA).
In Sabo, Inc., 362 NLRB No. 81, the NLRB held that Sabo, a vending-machine servicing company, illegally terminated
If You Can’t Say Anything Nice….NLRB General Counsel Releases New Report on Employee Handbook Rules
The National Labor Relations Board (NLRB) General Counsel released a report on recent case developments on March 18 involving employee handbook conduct restrictions. The stated purpose was to focus on rules that may have a chilling effect on protected concerted activity. Section 7 of the National Labor Relations Act defines concerted activity as when two
DC Circuit Puts On its Thinking Cap when Addressing NLRB Ruling on Hat Restrictions
The United States Court of Appeals for the District of Columbia Circuit recently struck a blow for employer’s rights to regulate headgear, specifically baseball caps. In World Color (USA) Corp. v. NLRB, the DC Circuit reviewed the NLRB’s order that World Color’s restrictions on employees wearing certain types of baseball caps at work was
It’s All in the Family: Shifting Standards for Joint-Employer Liability
The concept of joint-employer liability is popping up in the news a lot again. This is because the NLRB is taking a more aggressive view on joint-employer standards under the National Labor Relations Act, particularly as to how these standards apply in the franchisor-franchisee setting. In December, the NLRB filed complaints in 13 different regions
Triple Play Sports Bar Appeals NLRB’s Recent Facebook “Like” Decision
In an earlier post, I wrote about the NLRB’s most recent social media decision. In that case, the NLRB held that Triple Play Sports Bar and Grille’s termination of two employees for their participation in a profanity-laced Facebook discussion about Triple Play’s owners violated the employees’ right to engage in “protected, concerted” activity under
NLRB: Facebook “Like” is Protected, Concerted Activity Under the Labor Act
The NLRB recently issued another case on employer social media policies, ruling that clicking Facebook’s “Like” button can constitute “protected, concerted” employee activity under the National Labor Relations Act (NLRA).
A former employee of Triple Play Sports Bar and Grille, a non-union employer in Watertown, Connecticut, was upset that Triple Play’s owners had under-withheld her