Connecticut Employment Law Blog Insight on Labor & Employment Developments for Connecticut Businesses

Category Archives: Labor Law & NRLB

Subscribe to Labor Law & NRLB RSS Feed

Reflections on Early Labor Relations & Anniversaries

Posted in Highlight, Labor Law & NRLB

As I take some extended time off from the office, frequent guest poster Chris Engler takes a look back at some of the earliest background on labor history. Because I majored in history in college, I’m a firm believer that understanding history is of great benefit when planning for the future. Autumn is in many… Continue Reading

A Small Tribute to a Professional Arbitrator and Mediator: “Larry” Foy

Posted in Labor Law & NRLB

James “Larry” Foy passed away earlier this week.  (His memorial service is scheduled for tomorrow in Southwick, Massachusetts.) For those of us in Connecticut that were blessed with having had a case with him as an arbitrator or mediator — and there were many — his death will leave a substantial void. Indeed, Larry was a labor arbitrator… Continue Reading

Connecticut Bar Has Trouble with the NLRB’s Curveball on Social Media

Posted in Highlight, Labor Law & NRLB, Social Media

As our big Labor Day weekend kicks off, it seems appropriate to bring back a “labor” topic, particularly when mixed with one of our favorite topics here: Social Media. Today, my colleague Jarad Lucan returns with a case straight out of Connecticut with national implications. As most readers of this blog have read before (here,… Continue Reading

Cameras in the Workplace Among Topics in Latest “Employment Law Letter”

Posted in Human Resources (HR) Compliance, Labor Law & NRLB, Laws and Regulations, Wage & Hour

While you might think our department at Shipman & Goodwin LLP would be content to rest on just this blog, my fellow colleagues have actually been passing along tidbits for years in its quarterly Employment Law Letter publication. The latest issue is now available online here. I really like the cover article on cameras in… Continue Reading

Quick Hits: EEOC Strikes Again, Desk Shenanigans, New Executive Order, Union Dues, Sharing Salary Info

Posted in CHRO & EEOC, Class Actions, Discrimination & Harassment, Labor Law & NRLB, Laws and Regulations, Litigation, Wage & Hour

Time for another installment of quick hits where I share a few stories that I had hoped to write further about and finally concede that, because of time limitations, I probably won’t. So, you settle a discrimination case with the EEOC.  You’re done, right? Well, not exactly, as this post from the Workplace Class Action… Continue Reading

Supreme Court Invalidates NLRB Recess Appointments; Dozens of Decisions Impacted

Posted in Labor Law & NRLB

The U.S. Supreme Court, in a 9-0 decision (with a heated split on the reasoning), ruled that the recess appointments to the NLRB made by President Obama during a three-day recess were invalid. You can download the decision here. Much of the early instant analysis has focused on the recess appointment power itself. But for… Continue Reading

You Be The “Judge”: Is Swearing at Work Protected by Federal Law?

Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, Litigation, Manager & HR Pro’s Resource Center

Let’s try something a little new today: I’ll give you some facts and see if you can pick the result that a court or agency found. (Hat tip to Overlawyered for highlighting some of these issues.)  I’ll give you the lesson learned from these cases at the end. Used Car Salesman Loses Temper 1.  Nick… Continue Reading

From the Archives: Be Specific In Sending an Issue to Labor Arbitration

Posted in Labor Law & NRLB, Litigation

As I’ve done in the past when I’ve been tied up with a trial or arbitration, today will bring a “Blast from the Past” — a post that you might have missed the first time around. Indeed, because this post is from July 2008, odds are that even if you saw it, it’ll still be fresh today. … Continue Reading

The New “Value” Proposition: NLRB Yet Again Rules the Reasonable Unreasonable

Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, Social Media

I sound like a broken record, but once again, the NLRB is striking down reasonable rules as unreasonable.  My colleague, Gary Starr (as always, read his bio here), today shares a recent case from the NLRB that found that a “Values and Standards of Behavior Policy” of one employer — something that you might think is… Continue Reading

Another March Madness: What Yesterday’s Decision Really Means For Student Athletes

Posted in Class Actions, Highlight, Labor Law & NRLB, Litigation

Late yesterday, Twitter lit up with news that collegiate student athletes are really “employees”.  But beyond the headline, my colleague Jarad Lucan explains what REALLY happened in plain English. Suffice to say, even though it’s March Madness, you might not want to bet on that result just yet. Many of you may remember a few… Continue Reading

Target’s Union Avoidance Video Is Worth Watching

Posted in Labor Law & NRLB

You might wonder why certain employers aren’t unionized.  There are many factors, of course, but one of them is a keen awareness by the employer of the risks that are out there. Target is one of those employers. Earlier this week, Gawker acquired one of the videos that Target uses to educate its workforce on… Continue Reading

Don’t Look Now But Something Unusual Happened at the NLRB

Posted in Labor Law & NRLB

Today’s post comes courtesy of my colleague Jarad Lucan who weaves baseball and labor law into a single post.  Well, baseball, labor law and Wal-mart.  And he reminds us that the National Labor Relations Board still has the ability to surprise…. Read on. With spring training just around the corner, I’m reminded of one of… Continue Reading

Public Sector Focus: The Perils, Again, of Arbitration and “Just Cause” Dismissals

Posted in Highlight, Labor Law & NRLB

We’re just a few weeks away from my firm’s Public Sector legal update.  (If you haven’t signed up yet, do so now because it’s getting close to capacity!) So it seems appropriate to bring up a sore point for some: Arbitration Decisions That Leave You Scratching Your Head. Today, I’ve asked my colleagues Saranne Murray… Continue Reading

ABA Adopts Principles of Model Business Policies on Labor Trafficking & Child Labor

Posted in Human Resources (HR) Compliance, Labor Law & NRLB, Laws and Regulations, Legislative Developments, Wage & Hour

As I’ve highlighted before, I’m fortunate to serve as a delegate to the American Bar Association House of Delegates, which meets twice a year. I was less fortunate that the Midyear Meeting this year was in Chicago, which was even colder and snowier than Connecticut. At Monday’s House meeting, there were several resolutions passed. The… Continue Reading

Why A-Rod Will Strikeout on His Appeal and What Employers Can Learn

Posted in Class Actions, Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, Litigation

Readers of this blog will no doubt notice (in posts here, here, here and here, for example) that my passion for employment law is matched only by my love of the New York Yankees.  (I leave to others to debate whether that is a character flaw; Red Sox fans need not chime in, however.) The story over the… Continue Reading

Remember that NLRB Notice? “Never Mind”

Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, Laws and Regulations

Readers of a certain vintage, will remember Gilda Radner’s character Emily Litella who often said “Never Mind”.  (If you’ve never heard of Gilda Ratner or this, then I’ll pause while you watch this classic video.)  Readers of a later vintage will think of Nirvana’s “Nevermind”. If you just want the dictionary definition, here it is. My… Continue Reading

Employment Lawyer Predicts the Future. What Happens Next Will Restore Your Faith in Humanity.

Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, Laws and Regulations, Legislative Developments, Social Media

If you spend anytime on the Internet, you’ve come across headlines like this one. (Yes, it’s a little bait-and-switch, but you were expecting that, weren’t you?). Indeed, sites like Upworthy have become big business in the last year all due to headlines that you can’t resist. Well, that and Grumpy Cats. (For an excellent recap… Continue Reading

“D.R. Horton” Ruling by NLRB Gets Overturned; Mandatory Arbitration Agreements Are Alive (and Well?)

Posted in Class Actions, Human Resources (HR) Compliance, Labor Law & NRLB, Litigation

In a 2-1 decision, the U.S. Court of Appeals for the Fifth Circuit (which does not include Connecticut) held on Tuesday that the NLRB erred in disallowing an employer’s mandatory arbitration agreement that waived the rights of employees to participate in class actions. The decision in D.R. Horton v. NLRB (download here from Bloomberg Law) has… Continue Reading

Mandatory Flu Shots for Employees in Connecticut: Fact vs. Fiction

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, Laws and Regulations, Wage & Hour

As the temperature starts to dip this week and our thoughts start turning from fall to winter, so starts slow climb up the absenteeism ladder. Around many workplaces, flu shot clinics are starting to pop up.  Not surprisingly, studies show that flu shots reduce the rate of absenteeism.  (Employees who get vaccinated get sick less… Continue Reading

State Officials Ask Supreme Court to Rule on Constitutionality of 2002 Layoffs

Posted in Class Actions, Labor Law & NRLB, Litigation

Last Friday, lawyers representing two government officials petitioned the U.S. Supreme Court to hear arguments over whether former a 2002 state decision to layoff only union personnel violated those employee’s constitutional rights. Back in June 2013, you may recall that the Second Circuit ruled that such layoffs did violate the right of association.  I’ve discussed the… Continue Reading

Locked Out: What the Shutdown Means for Connecticut Employers

Posted in CHRO & EEOC, Labor Law & NRLB, Laws and Regulations, Legislative Developments

And I’ve been locked out And I know we’re through But I can’t begin to face up to the truth….. – Crowded House, “Locked Out” (1993) So, here we are.  The (partial) government shutdown began early this morning. And suddenly, we’re locked out of national parks and many government services. But how does this impact… Continue Reading

A “Like” is a Like, Court Says, and is Protected Free Speech

Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, Social Media

In a closely watched case, the Fourth Circuit Court of Appeals held yesterday that a “Like” on Facebook is a form of speech that is protected under the First Amendment. In doing so, it kept alive a lawsuit brought by an employee who claims he was fired for supporting an political candidate who was running against his boss. … Continue Reading

Mama Don’t Take My Kodachrome Away; NLRB Agrees

Posted in Highlight, Labor Law & NRLB, Social Media

Kodachrome You give us those nice bright colors You give us the greens of summers Makes you think all the world’s a sunny day, oh yeah! I got a Nikon camera I love to take a photograph So Mama, don’t take my Kodachrome away – Paul Simon, “Kodachrome” A few months back, I was one… Continue Reading