The U.S. Second Circuit Court of Appeals recently affirmed a National Labor Relations Board’s (“NLRB”) decision finding an employer had violated the National Labor Relations Act (“NLRA”) by terminating an employee for a Facebook post insulting his boss’ mother and encouraging employees to vote for the union. Pier Sixty, LLC, […]
Severance Agreements: What To Include And Exclude
When an employee is involuntarily separated from employment, a severance agreement can provide a graceful exit. However, if the agreement is not properly drafted, it can create additional problems resulting in litigation over the very words chosen. Here are a few points to consider when drafting a severance agreement. Where […]
On March 2, 2017, the Supreme Court of Florida issued its long awaited opinion on the City of Miami’s declaration of “financial urgency,” reaffirming the sanctity of public sector labor contracts and the public employer’s lack of power to modify such contract absent a compelling state interest. Walter E. Headley, […]
New Year Brings Management-Friendly Perspectives To Labor And Employment Arena
Four key players are expected to create a managementfriendly atmosphere in the labor and employment law arena, assuming their positions are confirmed. Andrew Puzder, a fast food executive who runs the parent company of Carl’s Jr. and Hardees, is the nominee for Secretary of Labor. His perspective is indeed different […]
Nationwide Injunction Against DOL Rule
During the week of Thanksgiving, we were busy fielding inquiries from employers about the impending implementation of the Department of Labor’s new rule requiring employers to raise the salary of most currently exempt employees to $47,476 ($913 per week) or pay these employees overtime pay for hours worked over 40 […]