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

Tag Archives: nlrb

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

“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 & NLRB, 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

Locked Out: What the Shutdown Means for Connecticut Employers

Posted in CHRO & EEOC, Labor Law & NLRB, 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 & NLRB, 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

Collective/Class Action Waivers & Arbitration Clauses: Why Employers Should Care

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

Continuing my series of posts this week on recent Second Circuit FLSA cases, today I’ll talk about class action waivers and arbitration clauses. If that last clause is just legalese to you, let me try to walk you through it and why employers should care deeply about it. As I’ve covered in prior posts, wage… Continue Reading

Does Your Social Media Policy Cover Photos and Videos in the Workplace?

Posted in Human Resources (HR) Compliance, Social Media

There is a certain bit of irony about recording an interview at work that appears on YouTube about, well, employees posting videos from work. But if you can look past the irony, you might learn a few things. In my interview with LXBN this week, we talked about how we got to this point with… Continue Reading

Mama Don’t Take My Kodachrome Away; NLRB Agrees

Posted in Highlight, Labor Law & NLRB, 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

The Next Frontier for NLRB: Videos & Photos in the Workplace?

Posted in Highlight, Labor Law & NLRB, Social Media

At the Connecticut Bar Association’s Annual Meeting, NLRB Boston Regional Director Jonathan Kreisberg gave a thorough update on the agenda of the federal agency. While most of the discussion focused on the latest pronouncements of social media, during my presentation on Vine and other photo/video social media sites, he also mentioned something that hasn’t often… Continue Reading

CBA Annual Meeting: Resources on Social Media & Employment Law

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

This afternoon, I’ll be speaking to the Connecticut Bar Association’s Annual Meeting on a topic that is familiar to blog readers: The Intersection of Employment Law and Social Media. If you’re attending, please stop by to say hi. There are a few resources that I’ll discuss in the presentation that I would recommend here: First,… Continue Reading