Monthly Archives: July 2012

NLRB Takes Aim At Employment-At-Will Clauses In Employee Handbooks

As discussed in previous postings on this site, the National Labor Relations Board (NLRB) is devoting a significant amount of attention to “concerted activity” under Section 7 of the NLRA, and is aggressively working to expand the “concerted activity” definition.  According to two recent NLRB decisions, requiring an employee to sign an “at-will” acknowledgement form […]

Illegal Aliens Are Not A Protected Class Under Title VII

Title VII  of the Civil Rights Act of 1964 clearly prohibits discrimination on the basis of race, color, religion, sex, or national origin.  Recently the Court of Appeals for the Seventh Circuit held that national origin is not the same as alienage status, and is not protected by Title VII.  As a result, the court […]

Employee Conduct Outside of Work Can Jeopardize Unemployment Benefits

Virginia employees are eligible for unemployment benefits so long as the employee’s termination did not result from the employee’s misconduct connected to his work.  (Va. Code Ann. § 60.2-618(2)(a)).  In a decision that has employers celebrating, the Virginia Court of Appeals held that employee misconduct outside of the workplace can, in some cases, be deemed […]

AFL-CIO: Pepco Union Faults Short-Staffing for Long Outages

Report by Metropolitan Washington Council, AFL-CIO assistant mobilizer Julia Kann of Union City. Short-staffing at Pepco is as much to blame for the recent power outages as Mother Nature, according to the union that represents more than 1,000 Pepco workers. “We’ve been complaining for years that staffing levels are too low,” Electrical Workers (IBEW) Local 1900President Jim […]

The NLRB Releases Website Vowing To Fight For Employees’ Rights

Over the past few months, the National Labor Relations Board (NLRB) has been hard at work interpreting the National Labor Relations Act (NLRA) commenting on everything from social media policies to arbitration agreements.  Recently, the NLRB undertook a major educational effort to educate employees about their rights under the NLRA and vowing to fight for […]

California Court Rejects the NLRB Ruling on Class-Action Arbitration Waivers

Earlier this year, the National Labor Relations Board (NLRB) held in D.R. Horton that a class action waiver that required, as a condition of employment , the employee to waive his rights to class-action litigation while simultaneously waiving his rights to class-action arbitration was illegal under the National Labor Relations Act (NLRA).  The NLRB opined […]

New Wisconsin Law Limits State Court Discrimination Remedies

On April 6, 2012, Wisconsin employers celebrated as Governor Scott Walker signed into law legislation repealing a state law enacted in 2009 that permitted employees to recover compensatory and punitive damages in employment discrimination suits under the Wisconsin Fair Employment Act. The bill was opposed by special interests groups advocating for women’s rights who painted […]