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Staffing and the Law

NLRB Judge Strikes Down Red Cross Employee Confidentiality Policy

June 10, 2013
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The NLRB continues to scrutinize facially neutral employment policies for violations of employees section 7 rights to engage in protected concerted activity, even in cases in which there is no allegation of any adverse action against any employee under an alleged unlawful policy.
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When State Law Conflicts With the EEOC on Criminal Background Checks, Who Wins?

May 23, 2013
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Talk about a tough position in which to place an employer. Does the employer violate state law or violate Title VII? Ultimately, I think the correct answer should be neither.
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Employee vs. Independent Contractor: Do You Know the Difference?

May 15, 2013
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Employers owe contractors far fewer obligations than employees. Employers take a risk when they classify someone performing services for them as an independent contractor instead of an employee.
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Debunking Myths of a Pro-Business Supreme Court

May 9, 2013
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There are still two key employment cases pending this term. These two rulings will help determine this Supreme Court's developing legacy as either pro-individual or pro-business in deciding employment cases.
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NLRB Confirms Legality of Most At-Will Employment Disclaimers

April 24, 2013
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The NLRB will examine at-will disclaimers on a case-by-case basis, and I do not expect we will see the Board take the unreasonable position that all at-will disclaimers are unlawful.
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Staged RIFs Qualify for Heightened Protection From Age Discrimination

April 23, 2013
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A reduction in force can occur in stages and over time. An employer can first retain key employees during a layoff and then layoff those key employees later when economic realities dictate their termination.
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EEOC Rejects Staffing Company's “Just Following Orders” Defense

December 10, 2012
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If you are a staffing company, consider writing indemnification clauses into your agreements to help insure against liability when the company for whom you are staffing discriminates. Otherwise, there is a good chance that the law will not protect you from your customer's discrimination.
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Does an Unaccepted Offer of Judgment Moot a Wage-and-Hour Case? Genesis HealthCare Corp. vs. Symczyk

December 4, 2012
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The outcome of this case is difficult to gauge based on the oral argument, because both potential sides of the court attacked the underlying issues so differently.
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What Skeletons Are You Unearthing by Suing an Ex-Employee?

November 5, 2012
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Before you bring suit against an ex-employee, you might want to consider whether there exist any skeletons in your employment closet that could come back to haunt you in the litigation.
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