By: Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo containing a broad overview of his initial agenda as General Counsel. It previews many anticipated developments during the Trump Administration. Our blog is exploring a different aspect of the memo each day during
Work Stoppages: GC Memorandum 18-02 Signals the “Trump Board” Will Have the Opportunity to Review Controversial Changes With Respect to Work Stoppages
Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo setting forth a wide range of issues that must be submitted to Advice before Complaints will be authorized. Generally these issues involve areas of the law where the “Obama Board” issued decisions departing from
No Winter Blues Here: GC Memorandum 18-02 Brings Handbook Cheer to Employers
By: Kaitlyn F. Whiteside, Esq.
Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo containing a broad overview of his initial agenda as General Counsel. It previews many anticipated developments during the Trump Administration. Our blog is exploring a different aspect of the memo each day during
Year-End News From The NLRB’s General Counsel
By: Brian Stolzenbach, Esq.
Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo containing a broad overview of his initial agenda as General Counsel. It previews many anticipated developments during the Trump Administration, which our blog will be exploring over the next three weeks.
In keeping
Second Circuit Holds NLRB Did Not Err in its Finding that Facebook Posting that Supervisor is a “Nasty Mother F***er” and “F*** His Mother” was Protected Concerted Activity
By: Seyfarth Synopsis: The Second Circuit agrees with the Board that the use of profanity in a Facebook post was not “opprobrious enough” to lose the NLRA’s protections and justify the employer’s termination of the employee.
A server whose “conduct [sat] at the outer bounds of protected, union-related comments” when he
NLRB Finds That Fast-Food Company Must Allow Employees To Wear “Fight For $15” Buttons
Seyfarth Synopsis: NLRB rules that fast-food company violated the National Labor Relations Act by maintaining a rule prohibiting employees from wearing unauthorized buttons or insignia and by instructing an employee to remove his “Fight For $15” button.
On March 21, NLRB Acting Chairman Miscimarra and Members Pearce and McFerran unanimously ruled
NLRB Restrictions on Employer Requests of Confidentiality in Workplace Investigations Remain After D.C. Circuit Decision
By: Bryan Bienias, Esq.
Seyfarth Synopsis: The Court of Appeals for the D.C. Circuit affirmed in part and rejected in part the National Labor Relations Board’s Banner Estrella decision regarding an employer’s requirement of confidentiality during workplace investigations. In doing so, the Court did not address, and essentially left intact, both the Board’s prohibition of
National Strikes and Boycott Activities Planned for February 16 & 17 (And Beyond)
By: Marshall B. Babson, Esq., Katherine Mendez, Esq., and Bryan Bienias, Esq.
Seyfarth Synopsis: Several organizations are planning nationwide strikes and boycott activities on February 16-17 to oppose Trump Administration and Republican policies. Employers impacted by these activities should be mindful of employees’ rights before responding.
Several labor and activist groups are calling for national
Supreme Court to Hear Class-Action Waiver Arguments in its October 2017 Term
By: Robert J. Carty, Jr., Esq.
As our regular readers already know, the Supreme Court is poised to decide one of the most contentious issues facing the wage-and-hour world—namely, whether class- and collective-action waivers render workplace arbitration agreements unenforceable.
Well, it seemed poised until today. Now we need to sit tight until at least October.
NLRB Assumes a Position on Employee Classification in the On-Demand Economy
By: Paul Galligan, Esq. & Samuel Sverdlov, Esq.
Seyfarth Synopsis: By filing a complaint against Postmates, Inc. challenging their arbitration waiver, the NLRB assumed that couriers for Postmates are employees, rather than independent contractors.
Earlier this month, the National Labor Relations Board (“NLRB”) filed a complaint and notice of hearing against Postmates,