♫ Let It Go, Let it Go ♫

By Beth Ann Lennon When most people think of employment law problems arising from the use of social media, they envision irresponsible employees taking to the internet to rant about their employer. However, a recent case out of Oregon shows that employers can cause just as much trouble as their employees when they decide to overshare […]

Racist Picket Conduct Protected

By Bill Wright The NLRB holds – famously now – that sexist and racist conduct on a picket line is protected from adverse action unless the conduct is also violent and coercive. Despite a shot across its bow in Consolidated Communications, Inc. v. NLRB, (D.C. Cir. 2016), the Board continues to force employers to ignore […]

UPS Delivers Cautionary Tale

By John Doran Maximum leave policies are ubiquitous.  These policies typically state that an employee who does not/cannot return from leave within a specified period (e.g. 12 months) will be discharged.  Last year the EEOC issued “guidance” reminding employers that it views maximum leave policies as a violation of the ADA.  Last week the EEOC […]

Epic NLRB Benchslap

By John Doran An agreement between the UFCW and the Fred Meyer grocery store chain restricted the union’s ability to visit with store employees in public view.  But things went south when the UFCW declared war on Fred Meyer.  Some eight union representatives showed up at a Fred Meyer store and began disrupting business and […]