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NLRB upsets a generation of employer practice developed to prevent and remedy misconduct in the workplace

Baker & Hostetler LLP
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USA
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January 24 2013

Much has been written about how in 2012 the National Labor Relations Board (NLRB) took aim at employer efforts to address tools of the new millennium

Is a hospital an employee forum? According to the NLRB . . . maybe

Baker & Hostetler LLP
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USA
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October 12 2012

In December 2011 and July 2012, the National Labor Relations Board (NLRB) issued two decisions making it more difficult for employers to limit off-duty access to working areas

Are charge nurses supervisors? Sixth Circuit decision is cautionary tale for employers

Baker & Hostetler LLP
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USA
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August 16 2012

Over the past decade, the status of the charge nurse has been the subject of a great deal of uncertainty under the National Labor Relations Act (the Act

The NLRA and employee surveillance: avoiding the temptations and pitfalls of social media

Baker & Hostetler LLP
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USA
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June 7 2012

The advent of social media and the prevalence of mobile communications devices challenge employers seeking to prevent unlawful conduct in the workplace

SEIU-UHW takes aim at nonunion facilities

Baker & Hostetler LLP
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USA
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May 10 2012

The California Hospital Association (CHA) and SEIU, United Healthcare Workers - West (SEIU-UHW) announced a truce of sorts in their long-standing battle over two legislative initiatives backed by SEIU-UHW for California's November ballot

NLRB to non-union employers: we just may be the boss of you

Baker & Hostetler LLP
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USA
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May 4 2012

Section 7 of the National Labor Relations Act (the "Act") protects the rights of employees "to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection

Ninth Circuit Court of Appeals says attendance is an essential function of a neo-natal nurse

Baker & Hostetler LLP
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USA
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April 26 2012

The Americans with Disabilities Act (ADA) prohibits discrimination against individuals who are qualified to perform the essential functions of their jobs with a reasonable accommodation

Split Supreme Court strikes down suits against states under FMLA's self-care provision

Baker & Hostetler LLP
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USA
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April 24 2012

On March 20, 2012, in Coleman v. Court of Appeals of Maryland, 2012 WL 912951 (2012), a plurality of the U.S. Supreme Court ruled that States are immune from suits for damages for violations of the Family and Medical Leave Act (FMLA) provision that permits leave for an employee's own serious health condition

Acting General Counsel signals departure from Collyer deferral policy

Baker & Hostetler LLP
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USA
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April 4 2012

The Acting General Counsel of the National Labor Relations Board ("NLRB") has recently circulated two memoranda detailing a new approach to pre-arbitral deferral of Section 8(a)(1), (3), and (5) unfair labor practice cases

Lessons learned from Acting General Counsel reports on social media

Baker & Hostetler LLP
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USA
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March 27 2012

The Acting General Counsel of the National Labor Relations Board ("Board") has now released two reports compiling Board decisions addressing work-related communications by non-supervisory or managerial employees via the Internet or social media