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Labor Relations

I Don't “Like” This Protected Concerted Activity

February 6, 2014
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As much as it pains me, speech is speech, whether it’s engaging in an oral conversation, writing a comment to a Facebook post, or clicking 'Like.'
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The Sandifer vs. U.S. Steel Decision

January 31, 2014
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The U.S. Supreme Court ruled that the time U.S. Steel employees spent putting on and taking off their protective gear is not compensable under their collective bargaining agreement.
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A Lesson on Union Avoidance

January 29, 2014
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Do you know what to do if a labor union comes knocking at your door? Do you know what you can say to your employees if you hear the whispers of unionization floating through your workplace?
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Blackballing as Retaliation

January 9, 2014
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Refusing to hire someone who filed a lawsuit claiming a violation of the FLSA or Title VII is illegal retaliation.
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Tread Lightly if Banning Workplace Gossip, Warns NLRB Judge

January 8, 2014
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If you're having a problem with workplace gossip, one solution you might want to avoid is a policy banning it outright, at least according to the recent opinion of an NLRB Administrative Law Judge
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Workplace-Related Class-Action Lawsuits Still Hinge on Wal-Mart Case: Report

January 7, 2014
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The 2011 ruling of Wal-Mart Stores Inc. v. Dukes continued to have a wide-ranging impact on virtually all class actions pending in federal and state courts throughout the country in 2013 cases.


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If You’re Taking an Employee’s Deposition, Don’t Charge Them for a Day Off Work

December 10, 2013
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Retaliation is a low standard for employees to meet. Employers must treat it carefully when dealing with an employee who engaged in protected activity.
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Fifth Circuit Upholds Legality of Class Action Arbitration Waivers

December 4, 2013
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Class action waivers are legal, so long as employees cannot reasonably read them to restrict their right to file unfair labor practice charges with the NLRB.
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The Supreme Court Heard Oral Arguments for Unite Here 'Local 355 v. Mulhall' Wednesday

November 15, 2013
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My favorite exchange from the oral argument illustrates my concern over the coercive nature of card-check recognition.
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Legal Briefing: Actions Taken on Arbitration Agreements

November 8, 2013
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In recent decisions, National Labor Relations Board law judges have issued decisions that employers unlawfully interfered with employees’ rights.
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