The U.S. Court of Appeals for the Fifth Circuit has ruled that the National Labor Relations Board (NLRB) violated an employer’s due process rights by reinstating a worker-friendly misconduct standard without giving the employer an opportunity to express its views. The court’s July 9 ruling in Lion Elastomers, L.L.C. v. NLRB ordered the NLRB to set aside a standard that considered the setting in which the worker’s misconduct occurred and apply the previous standard that the court had instructed it to apply in its remand order.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.