McMahon Berger

NLRB Considers Allowing Employees To Use Company E-mail For Union Organizing Activities

The National Labor Relations Board’s (“NLRB”) General Counsel and the Communications Workers of America, AFL-CIO (“CWA”) have asked the NLRB to overrule the Board’s previous ruling regarding workers’ rights to use employer e-mail and other...

McMahon Berger

Contractual just cause provision trumped last chance agreement

Normally last chance agreements (LCA) are binding in arbitration, but the 8th U.S. Circuit Court of Appeals reversed the district court and enforced an arbitrator’s decision that an LCA did not provide the employer just...

McMahon Berger

Does My 401(k) Plan Really Have to Provide Religious Accommodation?

With the increase of claims of devout religious observance, the impact of individuals’ religious observance is being seen throughout the workplace.  Employers have been required to modify dress codes, grooming and appearance standards and scheduling...