Publication

"Supreme Court Upholds NLRB Ruling That Employer Ban On Discussion of Wages and Working Conditions Was Unlawful; Ninth Circuit Decision on ‘Facially Sex-Specific’ Conduct; 7th Circuit Decision on Termination of Employee Who Misused Leave Under the Family and Medical Leave Act"

The Supreme Court has declined to review the Tenth Circuit decision in Double Eagle Hotel & Casino v. NLRB, 414 F.3d 1249, (10th Cir. 2005), upholding the decision of the National Labor Relations Board (“NLRB”) that written and unwritten rules, which prohibited employees from discussing, among other things, tip-pooling arrangements and company issues around the guests, were overly broad and therefore interfered with employees’ right to engage in protected concerted activities under the National Labor Relations Act (“NLRA” or the “Act”).

Also in this Issue:

Ninth Circuit Finds ‘Facially Sex-Specific’ Conduct Not Required to Prove Sexual Harassment.

7th Circuit Upholds District Court Grant of Summary Judgment Finding Employer Lawfully Terminated Employee Who Misused Leave Under the Family and Medical Leave Act.

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