This post was contributed by Alan Boynton, Chairman of McNees’ Injunction Practice Group.
On April 27, 2016, the United States House of Representatives voted 410-2 to approve the proposed Defend Trade Secrets Act (DTSA). The vote follows the Senate’s unanimous approval of the bill. President Obama has stated that he will sign the…
Learn all about best practices for your social media policies via the latest McNees podcast. Click here to view the podcast.
We have written often about the National Labor Relations Board’s expansive view of employee rights under the National Labor Relations Act. In our latest podcast, we discuss employee rights under the Act and best practices for employers to avoid complaints.
Click here to watch!
To mark the 80th birthday of the National Labor Relations Act, the National Labor Relations Board apparently decided to make history in 2015. The Board did just that, issuing several ground breaking decisions, and in the process addressed facts and circumstances that could not possibly have been contemplated in 1935. The ramifications of the Board’s…
We have talked with you in the past about the risks of allowing employees to pool or share tips. This is a pretty common practice in the food service industry, but there can be concerns because of the complexity of compliance with the Fair Labor Standards Act and state wage and hour laws. We…
This week would have marked the return of Tom Brady, had his four game suspension not been reversed by the United States District Court for the Southern District of New York. Much ink has been spilled over Brady’s suspension for his [alleged] involvement in using deflated footballs and the subsequent cover up, and Brady’s appeal…
English-only rules are not as common as they once were, but many employers still require employees to speak English only in the workplace. Justifications for these rules vary, but the Equal Employment Opportunity Commission has long given such requirements a wary eye. The National Labor Relations Board has now weighed in on the legality of…
The National Labor Relations Board’s Office of General Counsel recently released a Report of the General Counsel Concerning Employer Rules, which is apparently designed to offer guidance to employers regarding workplace rules. We can summarize the 30 page memo as follows: the GC does not like your rules.
The memorandum contains several examples of…
Mainstream media, attorneys, and business owners are discussing the meaning and impact of a two paragraph press release issued by the Office of the General Counsel of the National Labor Relations Board (NLRB), which is the “prosecuting arm” of the NLRB. In the press release, the General Counsel indicated he has authorized the issuance of unfair labor practice (ULP) complaints against franchisor McDonald’s USA, LLC for the actions of its franchisees.
Continue Reading Would You Like Fries . . . and an Unfair Labor Practice Charge with That?
We previously reported that a National Labor Relations Board Administrative Law Judge found that an employer violated the National Labor Relations Act by implementing a "no gossip" policy and firing an employee who violated the policy.
Not surprisingly, the Board has affirmed that decision (pdf). We say it’s not surprising because the Board’s assault on…
