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 […]
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 […]
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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 […]
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 […]
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. […]
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 […]
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 […]
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. […]
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” […]