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May 16, 2023
The Board has therefore reverted to pre-General Motors thinking around discipline for employees’ abusive workplace conduct, applying different standards depending on the context in which the outburst takes place
May 16, 2023
On May 1, 2023, the National Labor Relations Board (NLRB) issued a decision that changes the standards relating to discipline or discharge of workers...
May 16, 2023
On Monday, May 1, 2023, in Lion Elastomers, NLRB Case No. 16-CA-190681, the National Labor Relations Board (NLRB or the Board) overturned an employer-friendly precedent dating from 2020...
May 15, 2023
National Labor Relations Board issued decision in Lion Elastomers making it harder for employers to discipline workers who engage in abusive workplace conduct in connection with Section 7 activity under Board law. Decision reinstates triad of setting-specific tests.
May 13, 2023
National Labor Relations Board NLRB abandoned burden-shifting test for determining legality of employer discipline of employees engaged in abusive conduct. Employers must now grapple with indefinite factors formerly rendering similar conduct immune from discipline.
May 10, 2023
On Monday, the National Labor Relations Board (“Board”) issued a decision making it riskier and more complicated for employers to discipline employees for abusive workplace conduct...
May 10, 2023
Wright Line Standard no linger covers employee outburst at work National Labor Relations Board NLRB adopted setting specific standard Lion Elastomers safeguarding employee right in heated labor disputes, for social media posts totality of the circumstances test
May 10, 2023
NLRB:Union activity is still on the rise, with both unfair labor practice charges and election petitions increasing at the highest levels in decades. NLRB's prior standard for analyzing the legality of disciplining employee misconduct related to protected concerted activity.
May 10, 2023
In another pro-employee decision, the National Labor Relations Board (NLRB) has held that the familiar Wright Line standard no longer governs cases involving employees disciplined for...
May 9, 2023
After the National Labor Relations Board's recent decision in Lion Elastomers LLC II, employers must now carefully navigate two "fundamentally different" classes of employee misconduct:...