Archive for 'Labor Management Issues'

In December, the National Labor Relations Board (“Board”) overturned a 2007 decision and held that employee use of company email for union and other protected communications on non-working time must be permitted by employers who give employees access to company email.  The Board’s key argument is that in today’s industrial world, email has become a […]

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Over the last several years, we have been bombarded with cases from the National Labor Relations Board (“Board”) featuring employees bashing their employers on social media where the Board determined the speech was protected under the National Labor Relations Act (“Act”).  As many employers know, where the employees’ speech is protected, the employer cannot take […]

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President Obama reiterated existing federal law when he recently acted to prevent federal contractors from retaliating against workers who share their salary information.  He issued an Executive Order which states a federal contractor “will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant for […]

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The Fifth Circuit Court of Appeals (“Court”) recently held collective or class action waivers in arbitration agreements are enforceable – flatly rejecting the National Labor Relations Board’s (“Board”) decision in D.R. Horton v. NLRB. In this case, homebuilder D.R. Horton (“Horton”) required new and current employees to sign a Mutual Arbitration Agreement (“Agreement”) as a […]

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“FIRE ME . . . Make My Day”

Written by Robert G. Brody and Abby M. Warren on September 24, 2013

Lately, Facebook firing cases have been on the rise as disgruntled employees take to social media, complain about work, and then get fired when management sees the post.  Two recent cases help further define the line between lawful and unlawful firing based on Facebook posts. Over the last couple years, the National Labor Relations Board […]

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