Contact Us
Subscribe to this blog via RSS
Join us on LinkedInCategories
- FTC
- Emotional Support Animals
- Service Animals
- Employee Agreement
- Remote Work
- Federal Trade Commission
- LGBTQ
- Minors
- United States Department of Justice ("DOJ")
- Work from Home
- Arbitration
- Workplace health
- Trade Secrets
- Corporate
- Center for Disease Control
- Americans with Disabilities Act ("ADA")
- FFCRA
- Opioid Epidemic
- Occupational Safety and Health Administration (“OSHA”)
- COVID-19
- Families First Coronavirus Response Act
- H.R.6201
- Health Care Law
- IRS
- Paid Sick Leave
- Temporary Leave
- Treasury
- Coronavirus
- Worker Misclassification
- Labor Law
- Overtime
- Kentucky Unemployment Insurance Commission
- Sexual Harassment
- FMLA Retaliation
- Overtime Rule
- Employer Wellness Programs
- Employment Non-Discrimination Act ("ENDA")
- Genetic Information Nondiscrimination Act ("GINA")
- Independent Contractors
- Kentucky minimum wage
- Minimum wage
- Paid Time Off ("PTO")
- Sick Employees
- Wage and Hour
- Employee Benefits
- Employment Discrimination Laws
- ERISA
- Fair Labor Standards Act (FLSA)
- Human Resource Department
- Kentucky Civil Rights Act (“KCRA”)
- OSHA
- Overtime Pay
- Social Media
- Social Media Policies
- U.S. Department of Labor
- Union
- ADA Amendments Act of 2008 (“ADAAA”)
- Adverse Employment Action
- Amazon
- Americans with Disabilities Act
- Bring Your Own Device
- BYOD
- Civil Rights
- Compliance
- Copyright
- Department of Labor ("DOL")
- EEOC
- Employee Handbook
- Employee Misconduct
- Employment Law
- Family and Medical Leave Act (“FMLA”)
- Intellectual Property
- National Labor Relations Act (NLRA)
- National Labor Relations Board (NLRB)
- Portal-to-Portal Act of 1947
- Pregnancy Discrimination Act
- Security Screening
- Title VII of the 1964 Civil Rights Act
- U.S. Equal Employment Opportunity Commission (“EEOC”)
- U.S. Supreme Court
- Uncategorized
- Volunteer
- Work for Hire
- Young v. UPS
- Department of Health and Human Services
- Federal contractors
- Kentucky Labor Cabinet’s Occupational Safety and Health Program (KOSH)
- Micro-unit
- Security Checks
- Specialty Healthcare & Rehabilitation Center of Mobile
- Cloud
- Creech v. Brown
- EEOC v. Hill Country Farms
- Equal Employment Opportunity Commission v. Kaplan Higher Education Corp.
- Lane v. Franks
- Mine Safety and Health Administration ("MSHA")
- Non-exempt employees
- Northwestern
- Shazor v. Prof’l Transit Mgmt.
- Web Content Accessibility Guidelines
- Whistleblower
- "Ban-the-box"
- 2013)
- At-will employment
- Berrier v. Bizer
- Bullying
- Chapter 11 Bankruptcy
- Chenzira v. Cincinnati Children’s Hospital Medical Center
- Citizens United v. Federal Election Commission
- Companionship services
- Compensatory time off
- Conestoga Woods Specialties v. Sebelius
- Consumer Credit Protection Act (“CCPA”)
- Crystalline Silica
- Davis-Bacon and Related Acts
- Drug-Free Workplaces
- Earnings
- Ehling v. Monmouth-Ocean Hospital Service Corp.
- Federal Stored Communications Act (“SCA”)
- Government employees
- Government shutdown
- Home Health Care Workers
- Illness and Injury Reports
- Job applications
- Jury duty
- Kentucky Department of Workers’ Claims
- Kentucky Wage and Hour Act
- KYSHRM 2013
- Mandatory vaccination policies
- Maternity Leave
- McNamara O’Hara Service Contract Act
- NFL Bullying Scandal
- Payroll
- Permissible Exposure Level ("PEL")
- Private employers
- Sebelius v. Hobby Lobby Stores
- Senate Bill 157
- SHRM
- Small Business Administration (SBA)
- Violence
- Wage garnishment
- WorkSmart Kentucky
- COBRA
- Defamation
- Defense of Marriage Act (“DOMA”)
- EEOC v. Fabricut
- EEOC v. The Founders Pavilion
- Employee Hazards
- Employee of the Month Programs
- Employee Training
- Employer Group Health Plans
- Employer Mandate
- Employment Practices Liability Insurance
- Endorsements
- Federal Workplace Agencies
- FICA
- Freedom of Speech
- Gatto v. United Airlines and allied Aviation Services
- Giant Food LLC
- Health-Contingent Wellness Programs
- HIPAA
- Litigation
- Madry v. Gibraltar National Corporation
- Medical Exams
- Megivern v. Glacier Hills Incorporated
- Motivating Factor
- Obesity
- Online Account Protection
- Online Defamation
- Participatory Wellness Programs
- Pennington v. Wagner’s Pharmacy
- Pension Plans
- Play or Pay
- Record Retention
- Reference checks
- Sequester
- Severance Pay
- Social Media Ownership
- Supervisor
- Supplemental Unemployment Compensation Benefits
- Tangible employment actions
- Tax Refund
- Title VII retaliation cases
- Troyer v. T.John.E Productions
- Unfair Labor Practice
- United States v. Quality Stores
- United States v. Windsor
- University of Texas Southwestern Medical Center v. Nassar
- Vance v. Ball State University
- Contraceptive Mandate
- Employee Arrests
- Employee Forms
- Employee photographs
- Form I-9
- House Labor and Industry Committee
- Job Description
- Job Requirement
- Kentucky’s Whistleblower Act
- KRS 391.170
- Municipal Liability
- Patient Protection and Affordable Care Act
- Posting Requirements
- Public Sector Liability
- Religious Employer
- Right to Work Bill
- Social Privacy Laws
- Strategic Enforcement Plan (SEP)
- Telecommuting
- U.S. Citizenship and Immigration Services
- White v. Baptist Memorial Health Care Corp.
- Wilson v. City of Central City
- Workplace Politics
- Class Action Waivers
- Criminal Background Checks
- Crisis Management
- Employee Performance Reviews
- Employee Personnel Files
- Federal Arbitration Act (FAA)
- Federal Department of Labor
- Informal Discussion Letter (“EEOC Letter”)
- Kentucky Labor Cabinet
- Labor and Pensions ("HELP")
- PhoneDog v. Kravitz
- Salary Threshold
- Social Networking Online Protection Act (SNOP)
- Workplace Discrimination, Harassment and Retaliation
- Business Insurance
- Communications Decency Act
- Employee Contracts
- Hiring and Firing
- Hosanna-Tabor Opinion
- Insurance Coverage
- Internet & Media Law
- Internet Defamation
- National Labor Relations Act
- Non-Compete Agreement
- Retaliation by Association
- Unemployment Benefits
- Uniformed Services Employment and Reemployment Rights Act
- USERRA
Showing 29 posts in National Labor Relations Act (NLRA).
New NLRB Memo Says Non-Compete Agreements Violate NLRA
Following the Federal Trade Commission’s (FTC) January proposal to ban non-compete agreements, the National Labor Relations Board (NLRB) has issued a memo stating that non-compete agreements, except in very specific circumstances, violate the National Labor Relations Act. Any employer who uses non-compete agreements, or other agreements that functionally serve as non-competes, should be bracing for impact. More >
NLRB GC Seeks to End Captive Audience Meetings
In yet another bid to weaken employers’ stance in the face of organized labor, NLRB General Counsel Jennifer Abruzzo has issued a memo calling for an end to employer-led “captive audience” meetings. This move by the NLRB threatens one of employers’ key tools for curbing unionization in the workplace and is yet another foreboding sign of the Biden administration’s pro-labor agenda. More >
Amazon Workers Vote to Unionize, Paving Way for New Labor Woes for Employers
For the first time in the U.S., an Amazon facility’s workers have voted to unionize. The workers at the Staten Island warehouse “JFK8” voted 2,654-2,131 to be represented by the Amazon Labor Union (ALU). After years of unsuccessful organizing attempts across the country, this breakthrough victory portends a growing labor movement, and employers should be ready for what it may bring. More >
WEBINAR - All Handbooks on Deck
Abusive or Offensive Language? NLRB Says “@#$% No” to Section 7 Protection
On July 21, 2020, the National Labor Relations Board (“NLRB”) issued an important decision in General Motors, LLC and Charles Robinson, modifying the standard to be used in determining whether an employee has been unlawfully disciplined or discharged for abusive or offensive statements or conduct while engaged in protected concerted activity under Section 7 of the National Labor Relations Act (“NLRA”). This decision is intended to provide needed clarity and give employers more leeway in disciplining employees for egregious misconduct and upholding existing anti-discrimination laws and policies. More >
NLRB: A Sole Employee Filing a Class Action Lawsuit is Protected Concerted Activity
The National Labor Relations Board’s (“NLRB”) definition of the word “concerted” is beginning to extend past its common sense meaning. The NLRB has been expanding what counts as “concerted” activity under Section 7 of the National Labor Relations Act (“Section 7”) to cover a multitude of activities lately, and in 200 E. 81st Restaurant Corp., it stretches the definition just a bit farther. More >
Parent Companies Ready for Labor Pains? NLRB Adopts New Joint Employer Standard
The end of August saw the National Labor Relations Board (“NLRB”) issue a highly-anticipated opinion in Browning-Ferris Industries of California, Inc.[1] In that opinion, the NLRB broadened the standard for what it considers a “joint employer,” a definition that had remained unchanged since Reagan-era appointees adopted a stricter standard in the 1980s (coincidentally, the earlier standard, endorsed by the Third Circuit in 1982, came in an earlier case against Browning-Ferris Industries of Pennsylvania, Inc. It is entirely possible that Browning-Ferris Industries exists as a company entirely to set joint employer standards before the NLRB). The new standard is liable to create headaches for corporations with subcontractors or franchisees, as it has the potential for parent companies to be held liable for labor violations at lower entity levels. More >
NLRB Protects a New Kind of Employee Activity: Worrying About Your Job
The National Labor Relations Board (“NLRB”) has been on a roll in recent years, protecting such employee activity as complaining on Facebook or even hitting the “Like” button. In the case of Sabo, Inc.¸ the NLRB recently ruled that letting other employees know about an open position and speculating on terminations falls within a category of concerted employee activity protected by the National Labor Relations Act (“NLRA”).[1] More >
Facebook is Not a Picket Line
The National Labor Relations Act protects the rights of employees to connect and address conditions at work, and recent decisions have held that this protection extends to certain work-related conversations on social media.[1] However, it has yet to be determined exactly how far this protection will reach. More >
