In a recent ruling, the Supreme Court of the United States has held that labor unions may be held liable for “intentional property damage” against employers during a strike. The court ruled that the National Labor Relations Act (NLRA) does not preempt tort claims made against the union for property that was intentionally damaged or destroyed during a strike. This is seen as a blow to many unions, who may now face legal liability from employers seeking to intimidate them into silence.
In a recent decision issued by the Ninth Circuit Court of Appeals, it was ruled that the Fair Labor Standards Act (FLSA) requires compensation for pre-shift duties, such as turning on a computer and logging into a system. This reverses a lower court decision that had ruled the opposite, exempting employers from compensating employees for this extra time. The result could be a substantial increase in the pay for certain wage-earners.
The National Labor Relations Act (NLRA) protects individuals engaged in “protected concerted activity,” allowing them to legally fight for increased pay, better benefits, and improved working conditions. This concerted activity is essential for labor organizing, and thus these protections are a cornerstone of labor law. Here are five common examples of protected concerted activity, as defined by the NLRA: Continue reading “Four Types of Concerted Activity Protected Under the NLRA”
When people think of discrimination, they often think of blatant displays of sexist, racist, or otherwise bigoted behavior. However, not all forms of discrimination are so blatant, although they can have a dramatic impact on an employee’s ability to function and prosper in their workplace. Here are five common ways employers use to try to get away with workplace discrimination: Continue reading “Five Ways Employers Hide Workplace Discrimination”
The National Labor Relations Act (NLRA) protects employees who engage in political activity for the purposes of labor organizing. However, not all kinds of political activity are considered a “protected activity” under the NLRA, meaning not all activities receive the same kind of legal consideration. So what constitutes a protected activity under the NLRA, and why does it matter whether an activity is considered protected or not? Continue reading “What is Protected Activity Under the NLRA?”
With coronavirus quarantines beginning to wind down across the country, many businesses are eager to reopen and begin attracting customers. However, employees have been generally less enthusiastic about returning to work, fearing they will be exposed to the coronavirus while on the job. Considering this, the Occupational Safety and Health Administration (OSHA) has issued guidance to employers on how to handle this thorny issue. Continue reading “OSHA Addresses Employees Afraid to Return to Work”
The National Labor Relations Board (NLRB) has ruled that arbitration agreements containing provisions barring class or collective action do not violate the National Labor Relations Act (NLRA). Additionally, the NLRB ruled that an employer may legally terminate the employment of an employee who refuses to sign an arbitration agreement with class or collective action waivers included in its language. The ruling affirms existing precedent regarding arbitration agreements, although it also departs from precedent in allowing such an agreement to be considered valid, even when it was distributed in response to a collective action it was attempting to halt. Continue reading “NLRA Allows Collective Action Waivers in Arbitration Agreements”