There is no need to wait until March for college basketball to take the spotlight thanks to a recent ruling issued by the National Labor Relations Board (NLRB). On Monday, a regional official ruled that Dartmouth’s men’s basketball players are University employees and ordered an election for them to vote on unionization.Continue Reading “February madness” in college basketball: NLRB rules players are university employees
An Act to Control and Regulate Adult Use Cannabis goes into effect on Dec. 7, 2023. Over the next few months, we will answer Ohio employers’ questions regarding recreational marijuana.Continue Reading Ohio employers prepare for recreational marijuana law to take effect
The U.S. Equal Employment Opportunity Commission (EEOC) recently issued its proposed “Enforcement Guidance on Harassment in the Workplace,” which presents a legal analysis of standards for harassment and employer liability applicable to claims of harassment under the equal employment opportunity (EEO) statutes it enforces. Continue Reading EEOC issues proposed enforcement guidance on harassment in the workplace
Recently, the NLRB issued a rule revising the standard for determining a joint employer. Joint employment involves two or more businesses’ sharing of an employee’s activities and therefore sharing legal responsibilities.Continue Reading NLRB finalizes expanded joint employer rule
Red Sox or Yankees? Hamburgers or hot dogs? In the office or work from home? While some debates have been around for many years, the debate over whether employees should be required to be back in the office or be permitted to work from home continues for both private and public employers.Continue Reading State of Ohio continues to examine the remote work debate
*Special thanks to Porter Wright summer law clerk, Diego De La Vega, for his assistance with this post.
On June 1, 2023, the Supreme Court of the United States issued a decision some have deemed a blow to the right to strike. An 8-1 decision, Glacier Northwest v. International Brotherhood of Teamsters Local Union No. 174 crossed ideological lines, as both conservative and liberal members of the Supreme Court either joined the majority opinion or concurred.Continue Reading Shot through the heart: Did SCOTUS give strikes a bad name?
A recent National Labor Relations Board decision is a reminder that consistency is an important factor in determining whether an employer has committed an unfair labor practice. In the case of two Kroger subsidiaries, the NLRB held that the National Labor Relations Act protects an employee’s right to wear buttons and masks in support of Black Lives Matter.Continue Reading Consistency matters: When the employer speaks, the employees may answer
In a decision issued Feb. 21, 2023, the National Labor Relations Board (NLRB) set a new precedent regarding confidentiality provisions. The McLaren Macomb case involved furloughed employees that were offered a severance agreement containing non-disparagement language that prohibited them from making negative statements about the employer. The agreement also contained a confidentiality provision that prohibited the employees from discussing the terms of the agreement itself.Continue Reading NLRB targets confidentiality provisions in severance agreements
How Constellium should inform employers’ policies and practices
Assume an employee writes the words “whore board” on company overtime sign-up sheets. Serious misconduct, right? In fact, the employer faced with this situation terminated the employee for offensive conduct.
In Constellium Rolled Products Ravenswood, LLC v. NLRB, the U.S. Court of Appeals for the District of Columbia agreed with a National Labor Relations Board (NLRB) decision finding the termination was unlawful. The case illustrates that National Labor Relations Act protections sometimes can trump an employer’s right to regulate potentially offensive language at work.Continue Reading When it comes to employee discipline, consistency is key
*Special thanks to Porter Wright summer law clerk, Grace Brown, for her assistance with this post.
It’s the summer of 2020, and someone from your company posts to her public Facebook page saying, “If Black people truly wanted equality, then they wouldn’t be isolating themselves into a separate group with Black Lives Matter. All lives matter!”
Your social media marketing team discovers the employee’s post after it was shared by someone who accuses that employee, and your company, of being racist.