Labor & Employment Developments Blog

As summer winds down, a lot of attention has been given to schools resuming classes.  Some schools are meeting in person fully or partially but many have moved to online classes for the foreseeable future.  Even schools meeting in person may be forced to change course depending on circumstances, e.g. students or teachers contracting COVID-19.  All of this means a great deal of uncertainty for working parents and a major issue for employers who will have to manage attendance and leave issues. 

On July 21, 2020, the National Labor Relation Board (the “NLRB”) issued its decision in General Motors LLC, 14-CA-197985 369 NLRB No. 127 (2020), adopting a motivating factor test, for cases involving abusive or offensive statements made by employees in the course of “concerted activities” which are otherwise protected under Section 7 of the National Labor Relations Act (the “NLRA”).  The test, also known as the Wright Line standard, focuses on whether the employee’s Section 7 activity was a motivating factor in an employee’s discipline or discharge and shifts the ...