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California Supreme Court upholds union picketing on private property
February 2013
The state supreme court has issued its long-awaited ruling in Ralphs Grocery v. UFCW Local 8. A supermarket owner sought a court injunction to prevent a labor union from picketing on the privat . . . more

Free Speech: Another Court Strikes Down Laws Protecting Picketing; California Supreme Court Still Considering the Issue
April 2011
California employers often find their dealings with labor unions trying, especially when it comes to picketing. For decades, employers have had little recourse to prevent unions from disrupting business with picket lines--but the tide might be turning. . . . more

Free Speech: Mall Can't Ban Union from Urging Customers to Boycott Its Tenants, State High Court Rules
March 2008
In a setback for employers embroiled in union organizing or union disputes, the California Supreme Court has ruled that a shopping mall can't bar unions and others from urging customers to boycott mall tenants. We'll discuss the case and its impact. . . . more

Bulletin: Employers can restrict use of company email for union activities
February 2008
The National Labor Relations Board (NLRB) has ruled 3-2 that an employer didn't violate federal labor relations law by having a policy that barred employees from using the company's email system for union activities and other non-job-related solicitations. . . . more

Public Employees: High Court Limits Protections for Public Employee Whistleblowers, But Caution Still Required
July 2006
Richard Ceballos, a deputy district attorney for Los Angeles County, discovered that a deputy sheriff lied in an affidavit to obtain a critical search warrant. Ceballos wrote a memo to his supervisors disclosing the problem and recommending that a criminal case involving the warrant be dismissed. The supervisors criticized Ceballos for raising the matter and continued to prosecute the case. Soon after, . . . more

Religious Discrimination: New Case Examines When You Can Limit Religious Expression at Work; Guidelines to Follow
July 2006
David Berry worked for the employment services division of the Tehama County Department of Social Services, helping clients transition out of welfare programs. His job required him to interview clients in his work cubicle. But Berry ran into several workplace conflicts over his religious activities . . . more

Workplace Policies: NLRB Says Employee Confidentiality Policy May Violate Labor Laws; Review Yours Now October 2005
Employers routinely require employees to abide by a code of confidentiality when it comes to business matters. But a new National Labor Relations Board (NLRB) decision demonstrates how such confidenti . . . more

Disciplinary Meetings: NLRB Revokes Nonunion Employees' Right to Representation During Investigatory Interviews; Practical Impact
August 2004
In 1975, the U.S. Supreme Court in the case of National Labor Relations Review Board (NLRB) v. Weingarten gave workers the right to bring a union representative to an investigatory interview conducted by the employer. Following that decision, the NLRB . . . more

Unions: Workers' Weingarten Rights Are Expanded; What You Need to Know About Representation During Investigations
June 2004
Under the U.S. Supreme Court's 1975 Weingarten rule, employees have the right to have a union representative present at any investigatory meeting they reasonably believe could result in disciplinary action. . . . more

Terminating Employees: Firing Employee for Discussing Family Leave Rights with Co-Workers Violated NLRA; Even Nonunion Employers Must Be Cautious
October 2003
Most employers know the National Labor Relations Act (NLRA) protects an employee's right to participate in union activities. But the law is actually much broader than that. It also covers workers--union and nonunion--who join together to protest . . . more

Disciplinary Meetings: Nonunion Employees Win Right To Have Co-Worker Attend; Know Your Options
September 2000
Unionized workers have long had the right to bring a union representative with them to a disciplinary hearing. Now, in a ruling that could complicate investigations into sexual harassment and other workplace misconduct in nonunion companies, the National Labor Relations Board has ruled that nonunion workers have the same right to have a fellow employee accompany them to a meeting they believe may have disciplinary consequences. . . . more

Disciplinary Meetings: New Ruling Sheds Light on When Employees Are Entitled to Union Representation
March 2003
A union worker is about to be called into a monthly performance meeting. He asks if he needs union representation, and you say no. Then, because of something that occurs during the meeting, you . . . more

Wrongful Termination: Employee Fired For Discussing Bonuses Gets Green Light To Sue; Why You Can't Forbid Workers From Talking About Their Pay
September 2002
Salary discussions in the workplace can lead employees to question why they don't earn as much as their co-workers. This is especially a concern when bonus talk takes place. To avoid these issues, man . . . more

Union Activity: NLRB Rules That Employee Was Unfairly Disciplined For Pro-Union Screen Saver; Don't Target Union Messages
September 2002
Whether employers like it or not, most employees use their office computers for a lot more than work--they send e-mail to friends, shop in online stores and personalize their computer screens with cus . . . more

Workplace Violence: College Policy Barring Statements With Violent Overtones Violated Professor's Free-Speech Rights
October 2001
Highly publicized incidents of on-the-job violence have prompted many employers to adopt a workplace violence policy. But a recent federal appeals court ruling in California demonstrates the prob . . . more

Public Employee Whistleblowers: Court OKs Lawsuit By Firefighter Terminated After Reporting Pornography On Station Computers
August 2001
Whistleblowers have become increasingly common in the American workplace. These employees feel compelled to expose situations they consider wrong. And they risk being ostracized at work, or worse--bei . . . more

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