Bryan M. O'Keefe

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Management-side labor attorneys often are spoilsports when it comes to outside groups entering company property to peddle their wares.   Many employers think they are being the benevolent boss by inviting cable companies, cell phone providers, charities, etc. onto the company premises and allowing these groups access to their employees.   But if you allow all of …

The Livin Spoonful case is perhaps the funniest ALJ decision I have read in a LONG time.   This is the latest in the protected concerted activity train under the National Labor Relations Act.

The story involves a “gluten-free” “artisan” cracker company from Portland, literally based out of owner Brousseau’s kitchen and garage.  The company contributes…

Labor Peace Agreements Leading to Successful Organizing: The U.S. Chamber of Commerce’s Workplace Freedom Initiative has released a new report, “Labor Peace Agreements: Local Government as a Union Advocate.”   The report is a comprehensive overview of local “labor peace” legislation that is becoming more commonplace nationwide.   The trend noted by the Chamber usually…

The IRS has released final regulations on how the new health care law defines “affordable” coverage.    Generally speaking, workers must have access to affordable health care from their employers, or the employer faces a penalty.   The IRS regulations now make clear that the government will deem a plan affordable so long as the individual worker’s…

The NLRB has issued a series of decisions in recent months finding various employee handbook provisions unlawful.   The Labor Board’s scrutiny of handbooks continued recently in another case, Direct TV.

In that case, the employer promulgated the following rule:

 If law enforcement wants to interview or obtain information regarding a Direct TV employee, whether

…

The Labor Board has released its long-awaited second “Facebook case.”  To nobody’s surprise, the NLRB has largely adopted the ALJ decision that the Facebook postings in question constitute protected concerted activity under Section 7.

In Hispanics United of Buffalo, an employee threatened to report several of her co-workers to management who she felt did…