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

Tag Archives: nlrb

What a Trump Victory May Mean for Employers and Employment Law

Posted in Highlight, Labor Law & NLRB, Laws and Regulations, Legislative Developments

There haven’t been a lot of stories about what Donald Trump would do as President when it comes to employment law issues. In part, that was due to the polls. But it was also due in part to the lack of policy details that his campaign put out on his website.  Back in September, I… Continue Reading

And About “Embarrassing” Student Teaching Assistant Handbooks….

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

My colleague Jarad Lucan returns today with an update on a post regarding the impact that recent labor law decisions are having on colleges and universities. Two years ago, my colleagues and I reported on the case before the National Labor Relations Board (the “Board”) related to the Northwestern University’s scholarship football players seeking the… Continue Reading

NLRB Ruling Will Allow Graduate Student Teaching Assistants To Unionize

Posted in Highlight, Labor Law & NLRB

Yesterday, the NLRB released an ground-breaking decision allowing  students to organize. My colleague, Jarad Lucan, recaps the importance of this decision not only for schools like Yale University in Connecticut, but beyond. In its 2004 Brown University decision, the National Labor Relations Board held that graduate student teaching assistants were not employees because they were… Continue Reading

Another Day, Another Reversal by the NLRB

Posted in Highlight, Labor Law & NLRB

By now, it’s really not a big surprise when the NLRB reverse course on a prior decision. This week, the NLRB did it again.  My colleague, Jarad Lucan, provides this quick update on temporary/contract employees being allowed to join unions.  Read on. In 2004 the National Labor Relations Board in its Oakwood Care Center case… Continue Reading

With Your Social Media Policy, It’s “Live” and “Go” Time

Posted in Highlight, Human Resources (HR) Compliance, Social Media, Wage & Hour

Recently, I had the opportunity to revisit a social media policy I had reviewed several years ago.  (Check back to this post from 2008 to see how far we’ve really come.) In doing so, I was reminded — once again — how quickly the tech world is changing and how policies need to continually adapt…. Continue Reading

Got a Minute? All About the NLRB in 60 Second Increments

Posted in Labor Law & NLRB

Are you an early bird? (Raises hand.) Do you still listen to AM Radio? (Hand still raised.) Well, then you may have caught my repeat appearance a short while back on the CBIA Business Minute — a production every weekday morning heard locally at 5:59 a.m. on WTIC-AM (1080 on your radio “dial”). Long time… Continue Reading

Why the NLRB Should Matter To You if You’re Still Union-Free

Posted in Human Resources (HR) Compliance, Labor Law & NLRB

Next week, I will be speaking at the CBIA Annual HR Conference along with my colleague Jarad Lucan about why you should care about the NLRB. Unfortunately, if you don’t already have tickets, it’s sold out. It’s being held at the Radisson in Cromwell, Connecticut and features some great topics for consideration.  But the basic… Continue Reading

Lunch with the Boss Now Protected Concerted Activity?

Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NLRB, Litigation

My colleagues Gary Starr and Jarad Lucan return today with a post that we have sent out as client alert, but which may be of interest to readers of the blog as well.  It tackles the subject of protected concerted activity.  (Hint: It may be broader than you think.) Is a non-union employee who speaks… Continue Reading

Winter Update: What You Might Have Missed in Employment Law

Posted in Human Resources (HR) Compliance

My colleagues at Shipman & Goodwin have, for a lot longer than I have been doing this blog, have been producing the Employment Law Letter recapping some stories you might have missed over each quarter or so. This week, a new newsletter was released and it touches on several topics of interest. It recaps a… Continue Reading

Employer Strikes Out; Facebook Likes Protected by NLRA, Says Second Circuit

Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NLRB, Manager & HR Pro’s Resource Center

On Friday, at my firm’s annual Labor & Employment Law seminar, I’ll be talking about the NLRB and Employee Handbooks with my colleague, Chris Engler.  Among the topics we had planned to discuss was the ongoing Triple Play Sports Bar & Grille case that I had previously posted about here and here. So of course… Continue Reading

Eight Years Later: Three Big Changes in Employment Law

Posted in CHRO & EEOC, Highlight, Human Resources (HR) Compliance, Labor Law & NLRB, Laws and Regulations, Litigation, Social Media

2007 seems like yesterday. And yet, eight years after I started this blog and over 1800 posts later (and a Hall of Fame entry), I’m pretty sure 2007 WASN’T yesterday. So for this year’s anniversary post, I thought I would capture what I think are some of the biggest storylines from the last eight years. … Continue Reading

Impact of NLRB’s Joint Employer Decision in Connecticut Still To Be Determined

Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NLRB, Litigation

My colleague, Jarad Lucan, who has been busy with his own labor cases, today returns with post about the latest from the NLRB.  There are many posts out there on the subject (here, here, and here, for example), so Jarad is going to touch on its impact for Connecticut employers.   As you’ve no doubt… Continue Reading

Cleaning Up Your Employee Handbooks, NLRB-Style

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

Last month, I had the opportunity to speak to the American Law Institute for a CLE program on the latest guidance from the NLRB on various employee handbook policies. When I first wrote about it in March, I had expected to followup shortly thereafter with another recap. But in the meantime, I found that much… Continue Reading

I’ve Got a Secret: Recordings in the Workplace

Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NLRB, Wage & Hour

I’ve talked before about the use of recordings in the workplace. But this week, my colleague Jarad Lucan revisits the subject in light of some new decisions and the increasing presence of smartphones in the workplace. It is a safe bet that most if not all of your employees own a mobile or smart phone.  It… Continue Reading

BREAKING: NLRB’s General Counsel Office Issues Important Report On Employer Rules

Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NLRB, Manager & HR Pro’s Resource Center, Social Media

The NLRB’s General Counsel’s office today released a lengthy report “concerning recent employer rule” cases. That sounds generic. It’s not. Rather, the NLRB is now outlining its views on otherwise-neutral employer policies and whether they could be deemed to violate federal labor law.  While part of the report is a recap of existing caselaw, this… Continue Reading

A Look Ahead: Three Bold Predictions in Employment Law for 2015

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

Every year, I break out a crystal ball, or a magic 8-ball, or some tea leaves, and make some pronouncement about what will happen in the upcoming year. It’s sort of a no-lose proposition. If I’m right, well, then I pat myself on the back. If I’m wrong, well, it’s just an educated guess. So,… Continue Reading

NLRB and the “Purple” Crayon: NLRB Rewrites Its Decision on Employer E-mail

Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NLRB, Litigation

The NLRB, right now, is union-friendly. We know it. Employers know it. Politicians know it. The unions know it. It’s stacked 3-2 with Democrat appointees so the NLRB taking its training wheels off and is doing what it has always done. It has shifted its decisions based on the politics. Yesterday represented just the latest… Continue Reading

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

Posted in Highlight, Labor Law & NLRB, 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

Supreme Court Invalidates NLRB Recess Appointments; Dozens of Decisions Impacted

Posted in Labor Law & NLRB

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 & NLRB, 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

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

Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NLRB, 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

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

Posted in Labor Law & NLRB

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

Remember that NLRB Notice? “Never Mind”

Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NLRB, 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 & NLRB, 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