Legal

NLRB Protects Employee’s Facebook Post Critical of His Union

The NLRA's Section 7 not only protects anti-employer comments, but also anti-union comments.

It won’t take much searching through the archives to find posts discussing the NLRB’s protections for employees’ Facebook posts critical of their employers (here, for example). Protected speech under the NLRA, however, cuts both ways. Section 7 not only protects anti-employer comments, but also anti-union comments. Thus, it would make sense that the NLRB would conclude, as it recently did in…

‘A Day Without Immigrants’ Protests Followed by Days Without Work for Fired Employees

Generally, employees working in the private sector do not enjoy free speech rights and can be fired for what in the public sector would be protected as freedom of expression under the 1st Amendment.

In protest against President Trump’s immigration policy Feb. 16, people nationwide participated in “A Day Without Immigrants.” As part of the protest, many businesses closed their doors to show what our nation would look like without immigrants. In addition, many immigrants simply did not go to work. As a result, many now find themselves unemployed. From KTUL.com: A dozen workers…

Puzder’s Withdrawal as Trump’s Pick for Labor Secretary Wasn’t About Politics

Like the president's immigration ban, opposing Andy Puzder's nomination was a right-and-wrong issue.

Late Feb. 15, news broke that Andy Puzder, Donald Trump’s pick for secretary of labor, had withdrawn his name from consideration, just one day before his oft-postponed confirmation hearing was to take place. Like Trump’s immigration ban, opposing Puzder’s nomination was not a political issue, but a right/wrong issue. Had I had the chance to ask Andy Puzder a question…

ADA Accommodation Request Need Not Be Explicit

Employers cannot rely on an employee to specifically request an accommodation under the ADA.

Employers should be aware of what can bring on ADA accommodations. Roberta Kowitz was a respiratory therapist for Trinity Health. In 2010, she took a three-month leave following surgery to correct a degenerative spine disease, then returned with restrictions that her shifts should be temporarily cut from 12 to eight hours, and that she should not move loads more than…

Philip A. Miscimarra Tapped By Trump to Lead NLRB

The former Chicago attorney will take the chairmanship from Mark Gaston Pearce.

Outspoken National Labor Relations Board member Philip A. Miscimarra was named as acting chairman of the National Labor Relations Board by President Donald Trump. Miscimarra, who was named to the panel by President Barack Obama in 2013, is the board’s lone Republican. He will take over the chairmanship from Mark Gaston Pearce. Before his appointment to the NLRB as an attorney…

Objectifying Women Should Disqualify Andrew Puzder as Labor Secretary Nominee

There must be other qualified candidates that hold similar positions of key labor issues such as minimum wage, overtime and joint employment without this sexist baggage.

On Saturday, millions worldwide (2.6 million, according to USA Today) marched for women’s rights. On Feb. 2, the Senate Health, Education, Labor and Pensions committee will hold its confirmation hearing for labor secretary nominee Andrew Puzder. “What does one have to do with the other,” you ask? Consider this — Puzder is CEO of CKE Restaurants, the parent company for fast-food…

What the Appellate Court Split on Class Action Waivers Means for Employers

It seems like location matters, particularly given that there is not precedent from the U.S. Supreme Court that would apply nationwide.

The National Labor Relations Act protects the right of all employees to engage in protected, concerted activities to address or improve their working conditions. In 2014, some federal appellate courts started to recognize “concerted activity” as the right of employees to bring class or collective actions in lawsuits against their employers, typically for Fair Labor Standards Act violations. Class actions…

Pets in Your Workplace? Assess the Risks and Draft a Policy

There are very few resources on the internet to help. And, you will need a written policy before you allow pets in.

A reader recently emailed the following question: Some people need service dogs to get to work. But many more simply want to take their dogs to work. What is the protocol? What are the HR rules on this? And what are the penalties for illegally taking a dog to work? Are you thinking about opening up your business to employees’…

Big Data and the Law: New Tools but a Better Workplace?

More than just numbers, analytics can bring humans and resources together.

  Making employment decisions using cold, hard data seems wrong and risky. But is it? Big data analytics promises to save companies millions of dollars by streamlining employment decisions and preserving workforces. But is there risk in relying too heavily on automated workforce decisions? We encounter the results of big data analytics every day, yet we rarely question the appropriateness…

First Entry for Worst Employer of the Year

I get it. New employee. No FMLA. Unclear whether he properly called off work. But seriously ...

We already have a nominee for worst employee of 2017, so why not share the love and nominate a worst employer. Drum roll … Man Fired For Attending Son’s Birth The first day of the new year was pretty eventful for Lamar Austin. The 30-year-old welcomed a son and got fired on the very same day — Jan. 1. … On…