Introduction Non-compete agreements have long been used by employers to protect their business interests, prevent the loss of valuable trade secrets, and retain key talent. However, recent developments by the National Labor Relations Board (NLRB) have raised concerns among employers. The agency has challenged the enforceability and viability of such agreements. In this blog post,…
Recently, the Third Circuit Court of Appeals upheld the dismissal of race discrimination claims by a bank employee. The bank terminated the employee for a social media post. Employers have wrestled for the better part of the 2000’s with the explosion of social media. The focus is often on how to prevent harm to their business…
In an unsurprising move, the Biden administration announced the rollback of a Trump-era policy which will penalize businesses. Employers who violate the wage provisions of the Fair Labor Standards Act may be liable for liquidated damages. Liquidated damages double the amount of the actual wage damages awarded. To avoid such costly fines, employers must examine…
As COVID-19 vaccines become increasingly available across the country, businesses are starting to bring their employees back into the office. With the influx of vaccines rolling in, many employers are considering whether to introduce a mandatory vaccine policy as a condition of returning to work or setup some sort of incentive program to encourage employee…
Union-Free! MC Custom Sheet Metal Celebrates Union-free! Fifteen months after being served with a National Labor Relations Board (“NLRB”) petition for representation, MC Custom Sheet Metal of West Berlin, NJ is union-free! The Sheet Metal, Air, Rail, and Transportation Workers, Local 19 (“Local 19”) disclaimed interest and abandoned the bargaining unit on July 16, 2019.…
Gorsuch – Why Every Business Owner Should Support Him. Every American business owner run, do not walk, to the phone/computer and call or email your senator. Make it clear to them they must confirm Neil Gorsuch to the Supreme Court of the United States. Despite the media buzz, Judge Gorsuch is eminently qualified to sit on…
THE UNIONS ARE COMING! THE UNIONS ARE COMING! Thanks to the Ambush Election Rule, you only have 3 weeks to defend yourself. If one is by land and two is by sea, how many lanterns signaled a liberty take-over by a union? Now more than ever, employers across the country need a ‘Paul Revere’ to warn…
NLRB to end challenge to ‘notice posting’ rule The NLRB’s Notice Posting Rule, which required businesses to post notifications reminding workers’ about their right to unionize, has met its end. The National Labor Relations Board has chosen to end the fight and will not challenge the two Circuit Court decisions invalidating the rule. It was widely speculated that the Board…
Can You Fire Someone For A Bad Attitude? The NLRB says “Yes,” but… In a recent case brought against Copper River, a restaurant in Boiling Springs, South Carolina, the Board held that an employer may fire an employee for a negative attitude. The decision upheld an Administrative Law Judge’s ruling in the Unfair Labor Practice Charge brought…