Robert T. Quackenboss

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A recent decision by an administrative law judge concerning the policies in the employee handbook of a nonunion real estate management company, takes an expansive view of what constitutes “concerted activity” under the NLRA and which employer policies could be interpreted to obstruct employees’ right to engage in concerted activity. …
Continue Reading ALJ Says Company’s Neutral Reference and Press Inquiry Policies Violate NLRA

The Second Circuit recently held that Rite-Aid lawfully fired a long-tenured pharmacist after he refused to comply with the company’s new mandate that pharmacists must administer immunizations. The court’s decision reminds employers what it takes to show that a given function is “essential” and what accommodations are reasonable.…
Continue Reading Second Circuit Says Firing Disabled Worker Was Lawful

On March 6, 2017, an administrative law judge found that a nonunion automotive manufacturing facility in Alabama violated Section 8(a)(1) of the National Labor Relations Act when it terminated three employees who walked off the job over a holiday-season scheduling dispute.…
Continue Reading Another Step in the NLRB’s Mission to Expand Definition of “Concerted Activity” under the NLRA

On January 22, 2017, the City of Los Angeles will ‘ban the box’ when the Los Angeles Fair Chance Initiative for Hiring goes into effect, prohibiting private employers in Los Angeles “from inquiring into or seeking a job applicant’s criminal history unless and until a conditional offer of employment” is made to the individual.…
Continue Reading LA’s Law Banning the Box for Private Employers Effective This Month