On June 27, we issued an alert concerning the decision of the United States Supreme Court in Janus v. AFSCME (June 27, 2018). There, the Court held that mandatory agency fees (also sometimes known as service fees) for public employees violate the First Amendment rights of the affected employees. We wish now to follow up…

In a 5-4 decision, the United States Supreme Court today ruled that provisions requiring public employees to pay agency fees violate the First Amendment of the U.S. Constitution. In doing so, the Supreme Court expressly overruled its own 41-year-old precedent.

This closely watched case arose from a challenge by an Illinois public employee to the…

Cell phones are everywhere, and now smart phones with their apps have more functions than many computers. One of those functions is the ability to record without anyone knowing that they are being recorded. In the workplace, such actions can cause concerns as managers and supervisors frequently feel that employees are recording their conversations and…

On May 21, 2018, the U.S. Supreme Court issued a decision that upheld an arbitration clause requiring employees to arbitrate their claims in lieu of participating in a class action. In issuing its decision, the Supreme Court actually resolved three separate cases, all of which involved employees signing agreements to arbitrate individual employment claims. The…

On December 14, 2017, many employers probably celebrated when they learned that the Browning-Ferris standard for joint-employer liability had finally been overruled. In the 2015 ­Browning-Ferris decision, the National Labor Relations Board (the “NLRB”) greatly expanded the standard for joint-employer liability, and found that indirect control and even control that is reserved, but…

The headlines seem to be filled with stories of workplace harassment.  Employers are feeling pressure to respond quickly and appropriately to complaints of harassment.  How that is done is important as the investigation can cause a myriad of unanticipated legal problems.  A new decision by the National Labor Relations Board (NLRB) reminds us that the…

The Developing Labor Law: The Board, the Courts, and the National Labor Relations Act
Chapter 8, Part V (Seventh Edition, Volume 1) 2017 | ABA Section of Labor and Employment Law, 2017

Jarad Lucan is a contributing editor for a chapter in The Developing Labor Law: The Board, the Courts, and the National Labor Relations Act, published by the ABA Section of Labor and Employment Laws. …

There are outer limits to insulting speech, but a recent decision seems to indicate that it is really really far out there.

The questions up for consideration: When can an employer fire an employee for profanity during a union organizing drive?  When does the employee who stoops to insult not only his supervisor, but his mother, lost the protection of the National Labor Relations Act?…