The NLRB’s Latest on Facebook Firing Creates More Questions For Employers
By now most of us have learned about the decision issued last Friday, September 28, by the National Labor Relations Board (NLRB or Board) in Karl Knauz Motors, Inc. d/b/a Knauz BMW, the Board’s first...
View ArticleFacebook Postings Showing Misuse of FMLA Leave Can Form Sufficient Legal...
Based on the number of social media decisions from the National Labor Relations Board over the past two years, most employers understand that when employee Facebook postings constitute “protected...
View ArticleFiring of Employee After His Angry Outburst During Mediation Did Not...
While the anti-retaliation provision of Title VII of the Civil Rights Act of 1964 does not prohibit all employer action after an employee has filed a discrimination charge or lawsuit, it precludes...
View ArticleNassar’s “But For” Requirement Breaks the Chain for Retaliation Plaintiffs...
In a decision in favor of the University of Pennsylvania entered on August 7, 2013, the Third Circuit Court of Appeals reviewed the “but for” standard for liability under University of Texas...
View ArticleOSHA to Introduce Online Whistleblower Complaint Form
The process of filing whistleblower complaints is about to get a lot easier. On July 26, 2013, the Office of Information and Regulatory Affairs, which is one of the offices within the White House’s...
View ArticleFederal Court in Minnesota Provides Guidance on Non-Injury Retaliation Claims...
Granting complete summary judgment to BNSF Railway Co., Chief Judge Michael Davis of the U.S. District Court for the District of Minnesota interpreted and provided the railroad industry with guidance...
View ArticleOn a “Clear and Convincing Day”: The Administrative Review Board Gives...
As we have discussed in earlier posts, the Administrative Review Board (ARB) has, over the last couple of years, issued a number of opinions signaling a decidedly employee-friendly interpretation of...
View ArticleEmployee Needs More Than Speculation to Support his Retaliation Claim
To prevail on a claim of retaliation under federal law, an employee must prove that he or she engaged in a “protected activity” under an antidiscrimination statute and subsequently suffered an adverse...
View ArticlePreserving Some “Bite”: The Fourth Circuit Approves Summary Judgment for...
As we have discussed in earlier posts, the recent trend in court decisions under the Sarbanes-Oxley Act (SOX) has been to lighten the burden on complainants and to expand the universe of cases that...
View ArticleEmployers Involved in Union Campaigns Must Remain Vigilant to Avoid Rerun...
Employer conduct during a union organizing drive is intensely scrutinized by the National Labor Relations Board (NLRB). Decisions issued by the current NLRB make clear that even minor violations...
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