Labor Law

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They were fired for wearing orange shirts to work.  I previously wrote about that here.  Now, they have filed a complaint with the National Labor Relations Board.  See ABA Bar Journal report.  They say they wore the shirts simply to show they were part of the same group when they went out for drinks…

The National Labor Board enforces the National Labor Relations Act.  The NLRB is essentially the Supreme Court for unions.  The NLRB is comprised of board members appointed by the President.  NLRB appointments are very political.  It is not unusual for the NLRB to be unable to act because the administration in power will not or…

The National Labor Relations Board has issued a ruling addressing employment agreements with arbitration provisions. The agreement in this decision prevented an employee from filing a class action.  See NLRB decision.  The case concerned an agreement used by the homebuilder, D.R. Horton which provided that employees had to bring employment claims to an individual…

A judge has ordered that five employees who voiced complaints on Facebook be reinstated to their jobs and be awarded backpay.  The five employees of Hispanics United of Buffalo complained about the workloads and other conditions of their job.  HUB is a non-profit agency in Buffalo, New York.  Their supervisor then fired them, saying their…

 Wal-Mart has famously, perhaps infamously opposed union organization in its stores.  They have survived the very few union elections that have been held.  But, they may not survive the latest effort to improve working conditions at Wal-Mart stores.  Organization United for Respect at Wal-Mart (OUR Wal-Mart) does not seek to form a union, but does…

The National Labor Relations Board (NLRB) filed a complaint regarding a company which took action against an employee who had posted unfavorable comments about the company on her Facebook page.  See my prior post about this case.  The NLRB and the employer have now settled that case.  As part of the settlement, the company agreed…

 The NFL is engaged in labor negotiations over a new contract.  It appears that at one recent meeting, one of the owners displayed some disprespect for two of the player representatives at that meeting, Drew Brees and Peyton Manning.  Jerry Richardson, owner of the Carolina Panthers and former NFL player, listened as Mr. Manning was…

 It is a little known provision found in the National Labor Relations Act.  An employee has the right to discuss "terms and conditions " of employment with other employees.  An employee can discuss whether they like their supervisor or whether they are paid enough.  Discussions about work issues were seen as the precursor to forming…