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Server Curses Off Supervisor on Facebook, Keeps His Job

by Josh Scharff | Jun 27, 2017 | NLRB, Social Media, Union Organizing

A few months ago, the Second Circuit considered the case of a catering company server who was fired for posting this comment about his supervisor on Facebook (profanity edited): Bob is such a NASTY MOTHER F[@%#*!] don’t know how to talk to people!!!!!! F[@%#*!] his...

NLRB General Counsel is an Ally to College Football Players Unionizing

by Josh Scharff | Feb 3, 2017 | Athletes' Unions, Labor Law, NLRB

NLRB General Counsel Richard Griffin formally concluded earlier this week that scholarship football players at private universities and colleges are employees under the National Labor Relations Act, with the rights and protections of that Act. In a General Counsel...

New York City Bike Couriers are Organizing

by Mark Gisler | Oct 20, 2016 | Cycling, Labor Law, Union Organizing

We are rooting for the bike couriers of New York City, who have recently formed the New York Messengers Alliance in an effort to harness their collective strength as they seek to improve their pay and benefits. There are some interesting parallels between these...

Clearing Away the (Incense) Smoke Screen of a First Amendment Religion Issue

by Mark Gisler | Oct 6, 2016 | Clergy Employment Issues, Labor Law, NLRB, Union Organizing

NLRB Exerts Jurisdiction over Secular Teachers  in Church-Operated Schools In two recent cases involving faculty bargaining units at Catholic universities, the NLRB evolved the test for determining whether certain faculty of church-operated schools come within the...

A Strange Intersection Between Professional Bicycle Racing and Labor Law

by Mark Gisler | Sep 26, 2016 | Athletes' Unions, Cycling, Labor Law

This fantastic piece by American professional cyclist Larry Warbasse raises some interesting issues that make it good fodder for our firm’s labor/employment law blog. To briefly recap the bike race situation: the La Vuelta a España’s is a revered 21-stage “grand tour”...

Busting Police Unions Won’t Fix the Problem

by Mark Gisler | Sep 6, 2016 | Arbitration, Labor Law

On Labor Day Eve 2016, the New York Times published an editorial criticizing the role of police unions during the current era of police brutality. While NYT is right to call out recent egregious police behavior and there is something to be said for taking union...

Make-Whole Remedy Redux: NLRB Decides King Soopers

by Jean Marc Favreau | Aug 31, 2016 | Arbitration, Labor Law, NLRB, Remedies

“From the earliest days of the [National Labor Relations] Act, a make-whole remedy for employees injured by unlawful conduct has been a fundamental element of the Board’s remedial approach.”
Goya Foods of Florida, 356 NLRB 1461, 1462 (2011)

NLRB Says Graduate Student Assistants are Employees: Columbia University Reverses Brown University

by Josh Scharff | Aug 26, 2016 | Labor Law, NLRB, Union Organizing

On August 23, the National Labor Relations Board ruled that graduate students who work as teaching or research assistants at private universities are employees with the right to unionize and collectively bargain. Its decision in Columbia University changes the...

Recapping August 2015 at the NLRB

by Josh Scharff | Aug 31, 2015 | joint employer, Labor Law, Union Organizing

The National Labor Relations Board spent some time in the limelight this August after issuing decisions in two high-profile cases with major implications for labor rights across the country. In Browning-Ferris Industries of California, the Board broadened the...

North American Pro Cyclists Organize Collective Association

by Mark Gisler | Feb 9, 2015 | Labor Law, Union Organizing

Kudos to North American riders, who have recently created their own association (the Association of North American Professional Road Cyclists) and joined the membership of the Cyclistes Professionnels Associés. (See also, article in Velonews). The CPA is the...
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About Us

The Just Workplace discusses contemporary issues in labor and employment law and emphasizes how these subjects affect employees in a variety of workplace settings. The blog covers an array of employment issues, including labor and employment policy, current events and noteworthy developments in the field, and legal opinions from federal and state courts and administrative agencies such as the National Labor Relations Board, the Equal Employment Opportunity Commission, and the Federal Labor Relations Authority. Although the content contained in The Just Workplace is not legal advice and should not be considered as such, the blog seeks to be a resource for individual employees negotiating employment, retirement, and severance agreements, as well as union-members and officials subject to collective bargaining agreements.

The Just Workplace is produced by the attorneys at Peer, Gan & Gisler, LLP, a Washington, D.C.-based law firm with a nationwide litigation practice and a special focus on the effective resolution of labor and employment disputes.

Recent Posts

  • SCOTUS Clears Way for Religious Employers to Discriminate
  • Judge Enjoins IRS From Enforcing Parsonage Exemption – But Hold On…
  • Federal Court Rules Parsonage Unconstitutional, Yet Again
  • Server Curses Off Supervisor on Facebook, Keeps His Job
  • The Latest Victims of Non-Competes: Journalists
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