Category: Labor Law

Quirky Question #229, The Not-Clear-Cut Case for Canning a Cussing Worker

Quirky Question #229, The Not-Clear-Cut Case for Canning a Cussing Worker

Question: I’m the owner of a small record store. I have 13 sales clerks and 4 back room employees. Things aren’t great these days – but we get by. Fortunately, while people listen to music on their phones and the internet way more than they do CDs, we’ve refocused ourselves toward vintage record collectors and hardware sales. I just fired...

Quirky Question #206, NLRB

Quirky Question #206, NLRB

 Question: I discovered one of my employees announced on Facebook that our company is a horrible place to work and she is just “coasting” and waiting to be fired.  Normally, I would just fire her, but our CFO is worried that internet communications between employees in social media can be “protected.”    What is the recent law?

Another Social Media Report by the NLRB Offers Needed Guidance for Employer Policies

Another Social Media Report by the NLRB Offers Needed Guidance for Employer Policies

Another Social Media Report by the NLRB The National Labor Relations Board released its second Social Media Report in January of this year providing the General Counsel’s analysis of 14 challenged employer social media policies.  The Board last week released another Report reviewing seven additional employer policies. The Board alleged that six of these policies interfered with employees’ rights under...

Quirky Question # 186: Can Arbitration Agreements Ban Class Claims?

Quirky Question # 186: Can Arbitration Agreements Ban Class Claims?

Question: For many years, our company has required all employees to sign a contract agreeing to arbitrate any employment claims, including discrimination claims.  Last year we changed our form contract to make it clear that any arbitration only would cover the individual employee making the claim.  There would be no “class action” arbitrations or anything like that.  (We were told by another...

Quirky Question # 177, Regulating Speech in Union Organizing Campaigns

Quirky Question # 177, Regulating Speech in Union Organizing Campaigns

Question: I work for a company called Star Registered, Inc. We employ sales employees who perform door-to-door direct sales. Customers can register stars to their names (we copyright the name with the telescopic coordinates and provide a personalized certificate). We have learned that some of our employees would like to form a labor union, and are now wearing t-shirts during...

Happy Holidays From The NLRB:  Your Carefully Crafted Social Media Policy May Amount To A Per Se Violation Of The National Labor Relations Act

Happy Holidays From The NLRB: Your Carefully Crafted Social Media Policy May Amount To A Per Se Violation Of The National Labor Relations Act

Set forth below is the article from one of our partners regarding the recent NLRB Complaint, stemming from a posting on Facebook. Happy Holidays from the NLRB Depending on the study cited, as many as: • 79% of people in the U.S. age 18 and older were on-line in some fashion as of May 2010 • Of those on-line adults,...

Granite Rock Co. vs. International Brotherhood of Teamsters, Arbitration Issues Arising from a Disputed Collective Bargaining Agreement

Granite Rock Co. vs. International Brotherhood of Teamsters, Arbitration Issues Arising from a Disputed Collective Bargaining Agreement

Granite Rock Co. v. International Brotherhood of Teamsters On June 24, 2010, in the final labor and employment law decision of its 2009-10 term, the Supreme Court decided the Granite Rock Co. v. International Brotherhood of Teamsters case and resolved two important issues in federal labor law.  Granite Rock centered around a dispute over the formation of a collective bargaining...

New Process Steel LP v. NLRB, Supreme Court Rules On NLRB Composition

New Process Steel LP v. NLRB, Supreme Court Rules On NLRB Composition

On June 17, 2010, a sharply divided United States Supreme Court resolved the case of New Process Steel LP v. NLRB. The highly anticipated decision resolved a Circuit split that had developed after the National Labor Relations Board, which normally has five members, spent 27 months issuing decisions as a two-member body. In a 5-4 decision, written by Justice Stevens...