Federal Court Rules that Class Waivers Do Not Necessarily Violate the National Labor Relations Act (“NLRA”)

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Expert Guest Entry by Shawn Romer, Post Originally Published on  Raw Law Employment In D.R. Horton v. National Labor Relations Board, 2013-WL-6231617 (5th Cir.), the federal Fifth Circuit court of appeals held that an employer could enforce a compelled arbitration agreement that prohibits an employee from initiating a class or collective action involving multiple other plaintiffs…

NLRB Finds Vulgar, Offensive, and Threatening Statements in Context of Union Decertification Protected Activity

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Expert Guest Blog Entry by Emily Wilcheck In September, the National Labor Relations Board (NLRB) held that an employer engaged in an unfair labor practice when it suspended and discharged an employee for making vulgar, offensive and potentially threatening statements in the workplace. In Fresenius USA Manufacturing (358 NLRB No. 138), a pro-union employee anonymously…

Firing After Facebook Posts Deemed Unlawful and Leads to Additional Order to Rescind Unrelated Salary Non-Disclosure Policy

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Expert Article by Emily C. Wilcheck, from alawemployment.blogspot.com posted on 05/29/2013 In Design Technology Group, LLC d/b/a Bettie Page Clothing, NLRB Case No. 20-CA-035511, the National Labor Relations Board (“NLRB” or “the Board”) concluded that the employer’s conduct of terminating non-union employees for postings on Facebook violated provisions within the National Labor Relations Act (“NLRA” or “the Act”) protecting…