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Unions

Following Doctor’s Orders Helps Employer Win ADA Case

March 5, 2014
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If you legitimately cannot make an accommodation that meets the employee’s limitations, then the employee is not “qualified” under the ADA, and therefore unprotected by that law.
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NLRB Looks to Expand Reach With Latest Enforcement Priorities

March 3, 2014
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The NLRB is looking for ways to become relevant to the 93 percent of employees not covered by a collective bargaining agreement.
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Why We put Plaintiffs to Their Proof

February 26, 2014
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No law has been violated until a plaintiff proves those facts through evidence. If the plaintiff doesn’t have the evidence to support the alleged facts, the plaintiff loses.
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NLRB: No Such Thing as an Online Picket Line

February 19, 2014
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This decision displays a fundamental misunderstanding about social media. Nothing about social media is private. It is public, interactive, and immediate.
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Proposed Ambush Rules and Proactive Union Avoidance

February 10, 2014
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The importance of having your union avoidance strategy in place before a union comes knocking will be even more important if these new election rules take hold.
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I Don't “Like” This Protected Concerted Activity

February 6, 2014
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As much as it pains me, speech is speech, whether it’s engaging in an oral conversation, writing a comment to a Facebook post, or clicking 'Like.'
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The Sandifer vs. U.S. Steel Decision

January 31, 2014
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The U.S. Supreme Court ruled that the time U.S. Steel employees spent putting on and taking off their protective gear is not compensable under their collective bargaining agreement.
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A Lesson on Union Avoidance

January 29, 2014
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Do you know what to do if a labor union comes knocking at your door? Do you know what you can say to your employees if you hear the whispers of unionization floating through your workplace?
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Tread Lightly if Banning Workplace Gossip, Warns NLRB Judge

January 8, 2014
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If you're having a problem with workplace gossip, one solution you might want to avoid is a policy banning it outright, at least according to the recent opinion of an NLRB Administrative Law Judge
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Fifth Circuit Upholds Legality of Class Action Arbitration Waivers

December 4, 2013
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Class action waivers are legal, so long as employees cannot reasonably read them to restrict their right to file unfair labor practice charges with the NLRB.
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