In a recent decision, a Board panel majority found that an employee was unlawfully fired for writing “whore board” on an overtime sign-up sheet at work. This decision highlights
Continue Reading “Whore Board” Is Protected Employee Speech, NLRB Finds.
National Labor Relations Act (NLRA)
The D.C. Circuit Asks the NLRB to Explain its Actions in a Burns Successor Context
By Fox Rothschild LLP on
On May 29, 2018, the D.C. Circuit asked the NLRB to explain – and justify – why it used a “clear and unmistakable waiver” standard when dealing with a Burns…
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The Ninth Circuit Gives The Green Light To Independent Contractor Ride-Sharing Collective Bargaining
By Andrew M. MacDonald on
Previously, I wrote about the “preemption” problem with the Seattle Ordinance regulating ride-sharing services like Uber and Lyft. After Seattle passed the Ordinance, the federal Ninth Circuit Court of Appeals…
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Supreme Court Allows Class Action Waivers In Arbitration
By Andrew M. MacDonald on
In Epic Systems Corp. v. Lewis, No. 16-285, 584 U.S. ____ (May 21, 2018), the United States Supreme Court upheld the enforceability of arbitration agreements between employers and employees…
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Columbia University Graduate Students End Their Strike…but the Saga Continues
By Fox Rothschild LLP on
This past Monday, April 30, marked the conclusion of a weeklong strike conducted by Columbia graduate students at the University’s campus. Timing, as people say, is sometimes everything – especially…
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Remember, Protected Concerted Activity Can Take Many Forms…
By Fox Rothschild LLP on
On April 20, 2018, the National Labor Relations Board, by adopting an ALJ’s decision, held that employees who replied in agreement to another employee’s critical group email about the employer’s…
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Union Without An Election Victory? Yes, Sometimes
By Andrew M. MacDonald on
Normally, a union must obtain a majority of votes cast by employees in an election to be certified as the employees’ bargaining representative. However, if the employer has engaged in…
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Undergraduate Resident Advisors May Possibly Unionize…For Now
By Fox Rothschild LLP on
Undergraduate resident advisors usually wield a lot of power over university residence halls and those who occupy them. You likely know this already if you were ever a college freshman…
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Strike and You’re Out…of the Country
By Fox Rothschild LLP on
Sometimes, using only one word can make all the difference between a lawful and unlawful statement. Washington University in Saint Louis learned this lesson the hard way when in late…
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“Better Late than Never” Does Not Apply When Conducting a Union Election
By Fox Rothschild LLP on
On February 2, 2018, a split three-member Board panel held that a prior election won by a union must be vacated and, accordingly, ordered a second election as it found…
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