As I continue to highlight some important employment law developments from this summer, the National Labor Relations Board (NLRB) caused a mild stir for employment law lawyers when it issued a decision in Stericycle, Inc.
This ruling introduces a fresh legal standard for assessing employers’ workplace policies and rules, with far-reaching implications for businesses
The Path Forward After the NLRB’s Severance Agreement Decision
Last week, the NLRB issued a landmark decision in McLaren Macomb that is already shaking up how private employers (both unionized and non-unionized) should consider severance agreements.
My colleagues have the full recap of the decision over at our sister blog, Employment Law Letter, from Friday and I highly recommend reading that first.
The key…
Big Moves for NLRB Mean Big Shifts for All Employers
My colleague, Jarad Lucan, returns today with a very special post on a ground-breaking week at the NLRB. For Connecticut employers, the decisions change a lot of what has been going on at the NLRB for the last several years.
Back in January of 2013, I wrote an article for the Connecticut Law Tribune entitled…
And About “Embarrassing” Student Teaching Assistant Handbooks….
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…
NLRB Ruling Will Allow Graduate Student Teaching Assistants To Unionize
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…
Another Day, Another Reversal by the 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…
Got a Minute? All About the NLRB in 60 Second Increments
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”).
Why the NLRB Should Matter To You if You’re Still Union-Free
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.
But the basic…
Lunch with the Boss Now Protected Concerted Activity?
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
…
Employer Strikes Out; Facebook Likes Protected by NLRA, Says Second Circuit
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 yesterday, the Second Circuit released an long-awaited decision on that very case. And it’s a strikeout for the employer.
The case involves a mix of old and new concepts. Old: Employees have the right to improve the terms and conditions of their workplace — so called “Section 7” rights to protected concerted activity under the National Labor Relations Act, even if they are not “unionized”. New: It applies to Facebook and other types of social media.
And now, even to Facebook “likes”.
In the case, Jillian Sanzone and Vincent Spinella, two employees of Triple Play Sports Bar and Grille, located in Watertown, discovered that they owed more in State income taxes than they had originally expected. One of the employees discussed this issue with co-workers, and complaints were made to the employer.
The discussion continued on Facebook, and a former employee, Jamie LaFrance, posted the following “status update” to her Facebook page: “Maybe someone should do the owners of Triple Play a favor and buy it from them. They can’t even do the tax paperwork correctly!!! Now I OWE money . . . W[*]f!!!!”Continue Reading Employer Strikes Out; Facebook Likes Protected by NLRA, Says Second Circuit