Supreme Court Empowers Employer Arbitration Agreements

The Federal Arbitration Act of 1925 (FAA) and the National Labor Relations Act of 1935 (NLRA) are decades-old statutes, each playing a major role in the relationship between employers and employees. The FAA broadly encourages private dispute resolution through arbitration, while the NLRA protects employees (not just union members) who engage in “concerted activities” for […]

McDonald’s Reaches Deal With NLRB In Joint-Employer Case

Law360 (March 19, 2018, 8:36 PM EDT) — McDonald’s USA LLC said Monday that it has reached a settlement with the National Labor Relations Board in a case over whether the fast-food giant and its franchisees are jointly liable for alleged labor law violations. A McDonald’s spokesperson told Law360 that the settlement, which still must be […]

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In case you missed our March CLE, feel free to download the materials here and contact us with any questions! #ELSinsideEdition #CLETuesday

9th Circuit Denies Ernst & Young Class Arbitration Waiver

On August 22, 2016, the Ninth Circuit decided that provisions in contracts barring employees from seeking class action litigation against employers over hours, wages and employment terms and conditions violate the National Labor Relations Act (NLRA).[1]  According to the complaint, the employees were forced to sign a “concerted action waiver” where they were required to […]

Pres. Obama’s Supreme Court Justice Nomination is a YES for Employees

On Wednesday, March 16, President Obama announced The Honorable Merrick B. Garland, Chief Judge of the U.S. Court of Appeals for the District of Columbia, as his nominee for the U.S. Supreme Court.  Judge Garland has almost two decades of federal judiciary experience.  He oversaw the prosecutions of Timothy McVeigh and Terry Nichols for the […]

Employers Cannot Discharge Just Because It “Dislikes” Social Media

More and more employers are creating and implementing social media policies for their employees to comply with. Employers are concerned about their brand; employees affect the brand, positively and negatively. Social media policies allow employers to control its brand’s image and protect its reputation. With the increased use of social media, employees are beginning to […]

4 Tips For Retail Employee Social Media Policies

The retail industry has been grappling with a problem that’s so far puzzled employers: how to come up with employee social media policies that don’t run afoul of U.S. labor law. Retailers in recent years have consistently found that their corporate policies for online communications violate the National Labor Relations Act. The tension between the […]

Are Your Workplace Social Media Policies Safe From Attack?

Social media has changed the landscape of workplace investigations. Employees now post a lot of information on social media – tweets, check-ins, status updates, and photos – and this information is being used as a source of evidence in workplace investigations.  Information posted on social media can be used to threaten and harass colleagues, reveal […]

NLRB Finds Employee’s Facebook “Like” and Comment Protected By Labor Law

[In late August], the National Labor Relations Board (“NLRB”) ruled that two employees of a sports bar and restaurant were unlawfully discharged for their participation in a Facebook discussion criticizing their employer.  In the Facebook discussion that prompted the firings, a former employee complained in a status update that she owed more taxes than expected because of […]

5 Steps For Franchisors To Avoid Joint Employer Claims

Franchisors and outsourcing companies should expect to see a rise in claims after a recent National Labor Relation Board’s general counsel decision to treat McDonald’s Corp. as a “joint employer” of its franchised restaurants.  In response to this decision, franchisors and outsourcing companies are going back to the drawing board to review their franchisee relationships […]