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Wednesday, February 24, 2021 It is an unfair labor practice for an employer to retaliate against (1) union supporters pursuant to Section 8(a)(3) of the National Labor Relations Act (the “Act”), and (2) employees for filing a complaint with the National Labor Relations Board, testifying in a Board proceeding, or otherwise utilizing the Board’s processes, under Section 8(a)(4).  Both require an analysis of the employer’s motivation.  But, does an employer violate both sections of the Act under the same factual pattern? According to the Board, not necessarily.  On February ...

Seyfarth Synopsis: In our continuing coverage of the top trends found in Seyfarth's 2021 Workplace Class Action Litigation Report, in 2020, government enforcement litigation slowed considerably. Although the value of government enforcement settlements went up, agencies like the EEOC downsized their litigation enforcement programs and brought fewer lawsuits in 2020 than in any year of the past decade. Most significant for employers, during the past year, the EEOC undertook multiple initiatives that reflected a shift away from systemic litigation as a priority. During 2020 employers saw signifi...

Share this article BOSTON, Dec. 18, 2020 /PRNewswire/ --  Tekscan, Inc. today announced that its board of directors has appointed Jeff Ames as President & CEO, effective immediately. Jeff will lead all strategic and operational initiatives to position Tekscan for successful growth and value creation. Tekscan was acquired by Artemis Capital Partners (Artemis) earlier this year. Artemis Appoints Jeff Ames as Tekscan CEO Jeff brings over 25 years of experience in engineered product businesses, with past roles spanning commercial, technical, and operational responsibilities. Before joining Teks...

To embed, copy and paste the code into your website or blog: When an employee is disciplined and then claims the employer acted on account of union animus in violation of Section 8(a)(3) of the Act, evidence to support such a claim either can be proffered through direct evidence, such as “smoking gun”-type statements made by a supervisor or top-management that the discipline was implemented due to union activity (extremely rare), or – as is far more common – where an inference may be drawn based on all the circumstances. As the Board has previously explained, this union animus must be...

To embed, copy and paste the code into your website or blog: As we have often discussed, there is a fine line between protected and unprotected activity.  Profane outbursts, deliberate misconduct, or highly-disruptive strikes may fall outside the protection of the NLRA, subjecting employees to lawful disciplinary action by their employers. On December 7, 2020, the Board reaffirmed its prior decisions holding that an employer’s discharge of an employee engaged in protected activity may not be justified solely by its subjective belief that the employee misbehaved.  Rather, the employer must...