By: Bryan Bienias, Esq.
Seyfarth Synopsis: The Office of the General Counsel for the NLRB has asked the Board to adopt a sweeping new test that will significantly broaden the protections granted to employees who engage in frequent, short-term strikes during the same labor dispute.
In a purported effort to update existing law
Seyfarth Synopsis: NLRB General Counsel releases an Advice Memorandum finding that the misclassification of independent contractors amounts to a standalone violation of Section 8(a)(1) of the NLRA.
On August 26, 2016, Richard Griffin, the General Counsel of the National Labor Relations Board (“NLRB”), released an Advice Memorandum outlining his legal
Seyfarth Synopsis: The Ninth Circuit joined the Seventh Circuit and the NLRB in finding that mandatory arbitration agreements that require all claims to be brought by employees on an individual basis violate the NLRA.
On August 22, 2016, the Ninth Circuit issued an opinion in Morris v. Ernst & Young
By: Susan Jeanblanc Cohen, Esq.
Seyfarth Synopsis: In a split decision, the NLRB ruled that off-duty employees of an acute care hospital had the right to picket the hospital’s main lobby entrance.
After the collective bargaining agreement between acute care hospital Capital Medical Center (“the Hospital”) and UFCW Local 21 (“the Union”) expired
By: Howard Wexler, Esq. & Samuel Sverdlov, Esq.
Seyfarth Synopsis: An Administrative Law Judge held that an employer’s policy of prohibiting employees from conducting personal business at work, along with its social media and solicitation/distribution policies, violated the National Labor Relations Act (“NLRA”).
In Casino Pauma, the NLRB’s General Counsel (“GC”) alleged that four
Last Friday, a three-judge panel for the Eighth Circuit Court of Appeals ruled in ConAgra Foods v. NLRB, case number 14-3771 (decision), that ConAgra Foods Inc. did not violate federal labor law when it disciplined a worker for soliciting union membership at the company’s Slim Jims manufacturing
By: Jeffrey Berman and Monica Rodriguez
On October 21, 2015, the Second Circuit Court of Appeals upheld the ruling of the National Labor Relations Board (“Board”) decision in Triple Play Sports Bar and Grill, 361 NLRB No. 31 (2014). The employer, Triple Play, had appealed the Board’s decision finding that it had violated Section 8(a)(1)
In Southern New England Telephone Company v. NLRB, the D.C. Circuit reversed an NLRB decision finding it unlawful to prohibit public-facing employees (including in-home service technicians) from wearing a particular t-shirt to work. The t-shirt, promoted by the union representing the employees in question, said “Inmate” on the front and
In early 1999, the Venetian Casino Resort in Las Vegas asked police officers to remove union protesters from a temporary walkway in front of the Venetian — a walkway the Venetian built on its property in exchange for the public expansion of the Las Vegas Strip to accommodate increased vehicular traffic.
Where up is down and left means right, talking to yourself may now qualify as “concerted” activity under the current NLRB. In Berkeley Preparatory School, Inc. and Kathi Grau, a teacher at a private, non-profit, religious school yelled to herself “THIS PLACE SUCKS!” after being asked by another employee to provide