On March 25, 2020, a National Labor Relations Board Administrative Law Judge (“ALJ”) emphasized the broad reach of Section 7 of the National Labor Relations Act (“Act”) in non-union settings. Ground Zero Foundation d/b/a Academy for Creative Enrichment, Case 4-CA-245956. Charging Party was hired as a summer camp counselor, but was not paid for
NLRB
2019 EPLI Trends Report Published
By Jeffrey M. Schlossberg on
Workplace law changes constantly. Employers and EPL carriers need to keep up with expanding risks, changing legal obligations, reason-defying jury verdicts, the #MeToo movement, and a record number of threatened and asserted claims associated with these changes. Our 2019 EPLI Trends Report gives an overview of the related risks and exposures employers and, by extension, …
Reminder To Employers: Even The “New” NLRB Will Not Bail You Out If You Terminate An Employee (Union or Non-Union) Who Discusses Or Complains About Terms And Conditions Of Employment
By Alessandro G. Villanella on
Posted in NLRB
On Friday, May 4, 2018, the National Labor Relations Board ruled that a janitorial services company violated the National Labor Relations Act when it terminated an employee who pursued wage theft claims and discussed the company’s poor working conditions with Houston city lawmakers. Specifically, the employee filed a formal wage theft complaint with the city…
D.C. Circuit Court of Appeals Upholds the NLRB’s Revision to Its Back Pay Calculation Formula
By Daniel V. Duff III on
Posted in NLRB
On June 9, 2017, the U.S. Court of Appeals for the DC Circuit unanimously upheld the NLRB’s pro employee approach in King Soopers Inc. v. NLRB. As previously reported, the NLRB revised its back pay calculation formula to allow employees full recovery for all reasonable interim employment and search-for-work expenses.
NLRB Includes Search-For-Work and Interim Employment Expenses as Direct Part of Make Whole Remedy Awards
By Daniel V. Duff III on
Posted in NLRB
Under the National Labor Relations Act (NLRA), the remedies available to a successful claimant have been limited to “make whole relief.” Like Title VII before the Civil rights Act of 1991, relief under the NLRA typically was limited to lost wages, benefits, other economic losses, and reinstatement. The underlying policy behind such “make …