Understanding an Employee’s Duty to Mitigate Damages After Being Fired
When an employee is terminated, they might have a legal obligation to actively seek new employment to mitigate damages. This duty to mitigate is a critical aspect of employment law and can significantly impact any claims for wrongful termination or other employment-related disputes. Understanding this duty and its implications can help both employees and employers […]
Step-by-Step Guide for Employers Served with an NLRB Representation Petition
Receiving a National Labor Relations Board (NLRB) representation petition can be a pivotal moment for employers, signaling employees’ interest in union representation. It’s crucial to handle this process with care to ensure compliance with legal requirements and maintain positive labor relations. Here’s a step-by-step guide to help you navigate this situation effectively: 1- Acknowledge Receipt […]
Understanding Protected Concerted Activity Under the National Labor Relations Act (NLRA)
The National Labor Relations Act (NLRA), enacted in 1935, is a foundational statute in United States labor law. It aims to protect the rights of employees to engage in collective bargaining and to take part in other activities for mutual aid or protection. One of the key protections under the NLRA is for “protected concerted […]
What to Do When You Get a Charge from the NLRB
Receiving a charge from the National Labor Relations Board (NLRB) can be daunting for any employer. The NLRB is a federal agency tasked with enforcing labor laws in the United States, particularly those related to collective bargaining and unfair labor practices. If you’ve been charged, it’s crucial to respond appropriately and promptly. Here’s a step-by-step […]
What Employers Should Do When They Get a Charge From an Administrative Agency
Receiving a charge from an administrative agency, such as the Equal Employment Opportunity Commission (EEOC) or the National Labor Relations Board (NLRB), can be a daunting experience for employers. Understanding how to respond effectively is crucial to navigating this process and mitigating potential risks. This comprehensive guide outlines the steps employers should take when they […]
I am a Business Owner and My Employee or Former Employee Sued Me, Now What?
Facing an employee lawsuit is one of the most challenging situations a business owner can face. Whether it’s a lawsuit for wrongful termination, discrimination, unpaid wages, or any other issue, the process can be stressful, time-consuming, and costly. However, how you respond can significantly affect the outcome and your monetary exposure. Here’s a comprehensive guide […]
Employer’s right to conduct an anti-union campaign under the NLRA
Under the National Labor Relations Act (NLRA) of 1935, employers have certain rights when it comes to expressing their views on unionization within their workforce. One of these rights includes conducting what is commonly referred to as an “anti-union campaign.” An anti-union campaign refers to the employer’s efforts to persuade employees not to join or […]
FMLA Retaliation at Work: What It Is and What You Can Do About It
The Family and Medical Leave Act (FMLA) allows eligible employees to take unpaid, job-protected leave for specified family and medical reasons. As a result, under this law, employees can take time off to care for their own serious health condition, a family member’s serious health condition, or the birth or adoption of a child, without […]
If Your Company Has an Employee Handbook You Need to Avoid These Common Mistakes
Receiving a National Labor Relations Board (NLRB) representation petition can be a pivotal moment for emploAre you wondering if your business is too small to have an employee handbook? By the time you finish reading this, you’ll stop wondering and realize you need workplace rules. Employee handbooks serve as crucial guides for both employers and […]
Starting a New Business in Florida: Here’s a Labor and Employment Checklist to Get You Started
When starting a new business, it may be easy to focus on the “business side” and overlook important considerations regarding what might become an important asset of your business —your employees. It’s important to be cognizant of labor and employment laws that impact everything from the hiring process to establishing workplace policies that comply with […]