NLRB Holds Policy Banning “Negative Comments” and Requiring “Positive and Professional” Behavior Is Unlawful

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Expert Guest Entry by Nathan Pangrace, Originally Published on http://ralawemployment.blogspot.com/ The National Labor Relations Board (NLRB) recently held that an employer’s policy prohibiting “negative comments” and requiring “positive and professional” behavior was unlawful. The employer, Hills and Dales General Hospital, developed the policy in response to a poor working environment that was permeated with “back-biting and back stabbing.”…

Oral Argument in the US Supreme Court's Fifth Third Bank Case – "Coach Class Trustees" and Insider Trading Dominate the Debate

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Expert Guest Entry by Scott J. Stitt , Originally published on www.arnlaw.com/blog/erisa/ On April 2, the US Supreme Court heard oral argument in the Fifth Third Bank v. Dudenhoeffer case, which started with a bang – the very first question (from Justice Kennedy) described the presumption of prudence as like having a “coach class trustee” for…

How Much EPL Insurance Should Your Clients Buy? Beware of Fee Shifting. Statutory Rule Escalates Awards in Employment Cases.

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Expert Guest Entry by Laura Zaroski, J.D. Sometimes it’s good to be a plaintiff’s attorney. Why? Fee shifting. You don’t need a big win in lawsuits where statutes allow the court to make the defendant pay the plaintiff’s legal fees. Even if the plaintiff only obtains a small award (even just a dollar), a “win” entitles…

Fifth Circuit Rules That Employer’s Overly Broad Confidentiality Policy Unlawfully Restricts Employees’ Right to Discuss Wages

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Expert Guest Entry by Shawn Romer Originally published on http://ralawemployment.blogspot.com/  In Flex Frac Logistics, LLC v. NLRB (March 24, 2014), the Fifth Circuit Court of Appeals upheld a National Labor Relations Board (“NLRB”) ruling that struck down an overly broad employer confidentiality policy. The court held that this overly broad policy could be interpreted as prohibiting an employee from…