A skycap for Alstate Maintenance at New York’s JFK airport complained about the tips he previously received from the French soccer team. The majority of skycaps’ compensation comes from tipping. The skycap complained in front of his co-workers to his supervisor, “we did a similar job a year prior and we did not receive a tip…

The NLRB and courts recognize that off-duty employees have greater rights than non-employees when it comes to accessing the employer’s property to engage in protected activity. The NLRB applies a three-part test to determine if an employer’s off-duty access policy is valid under the National Labor Relations Act. An off-duty access policy is valid only…

Something is wrong when the EEOC can find an employer liable for tolerating racist or sexist remarks by employees, and the NLRB can find an employer liable for not tolerating racist or sexist remarks by employees. But that is the quandary employers are left with after eight years of watching the Obama NLRB change laws…

Cheryl Walton, an employee of the United States Postal Service was, for lack of a better term, a troublemaker. She was loud, aggressive, confrontational, and had a reputation for regularly using profanity. During a meeting with her supervisor she became agitated and cut the meeting short. Upset, Walton shook her finger and yelled, “I can say…

The Daily Grill, a “traditional American grill” restaurant in Los Angeles, prohibited its employees from wearing union buttons while interacting with customers. Although employees had been allowed to wear buttons such as “trainer” and “anniversary” pins, the restaurant threatened to discipline or sent home early several employees who, during a union organizing drive, wore one inch…

The firing of a New York airport porter who refused to help a French soccer team with their bags, saying they were “poor” tippers, was legal because the complaint about tips was not a protected concerted employment activity, a NLRB judge ruled Friday. The NLRB brought the case, claiming that the worker’s complaint about the…