Insights

In its seminal decision in NLRB v. J. Weingarten, 420 U.S. 251 (1975), the U.S. Supreme Court, affirming a decision of the National Labor Relations Board (the “NLRB”), ruled that an employer violates the National...

In the wake of the tragic events of September 11, many employees and charitable groups have engaged in fundraising activities in workplaces throughout the country. Responding to employer concerns that permitting this activity...

The National Labor Relations Act (the “NLRA”) protects the right of employees to engage in union activity. The scope of NLRA’s protections are far broader, however; Section 7 of the statute makes it an unfair...

Ordinarily, the National Labor Relations Board (the “NLRB” or the “Board”) defines the size and scope of a potential bargaining unit in a representation proceeding and then orders an election in which...

Section 8(a)(2) of the National Labor Relations Act (the “NLRA” or the “Act”) makes it unlawful for an employer to dominate or support any labor organization. This provision was originally intended to...

The National Labor Relations Act (“NLRA”) protects the right of employees to engage in union activity, and prohibits discrimination or retaliation against employees who exercise that right. The NLRA, however,...

The U.S. Supreme Court has just overturned a key element of the standard long applied by the National Labor Relations Board (“NLRB”) in determining whether an employee is a supervisor. The Court ruled that certain...

For 50 years, the National Labor Relations Board (the “NLRB”) has held that an employer may lawfully withdraw recognition unilaterally from an incumbent union if the employer has a good faith doubt, based on...

As the size of jury verdicts in employment cases – and especially employment discrimination cases – has continued to increase recent years (see What Damages Cap? Significant Jury Awards in Employment Cases in 1999), it...

In recent years, employers have been faced with an ever-increasing number of employment discrimination claims, including claims for violation of Title VII, the Americans with Disabilities Act (“ADA”), the Age...