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Labor Law

The “I”s Have It: NLRB Says Don't Shred Those At-Will Disclaimers Just Yet

November 1, 2012
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It is refreshing (surprising? relieving?) to see that the NLRB's Office of General Counsel is backing off the position that any at-will disclaimer violates the NLRA, and is willing to evaluate them on a case-by-case basis.
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Ministerial Exception Applied to Music Director with No Religious Training

October 29, 2012
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According to the ruling, Philip Cannata, who became music director at St. John Neumann Catholic Church in Austin, Texas, in 1998, had no liturgical responsibilities because he “lacked the requisite education, training and experience.”
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Internal Surveillance Cameras can Reduce Workers' Compensation Fraud

October 25, 2012
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Workers' comp experts say cameras can be effective in preventing fraud. Video footage is an added safeguard for employers that are trying to keep comp costs down.
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Now the NLRB Says Employers Can't Regulate Threatening or Offensive Speech (This is Getting Ridiculous)

October 2, 2012
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The business community needs to pay careful attention to cases such as Fresenius USA Manufacturing. The NLRB continues to dangerously regulate employers rights to control and remedy workplace misconduct, all in the name of “protected concerted activity.”
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IRS Notice Gives Employers Clarity on Definition of 'Full Time'

September 24, 2012
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Under the notice, which will remain in effect at least through 2014, employers can use a retrospective measurement period lasting between three and 12 months to determine whether an employee's hours meet the definition of “full time” under the Patient Protection and Affordable Care Act.
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Indianapolis Law Aims to Curb Temp 'Blacklisting'

July 17, 2012
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The rule prohibits hotels from signing deals with contractors—such as staffing firms—that prevent the hotels from hiring the contractor's employees directly, according to city documents.
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Security Guards Awarded $89.7M in Rest-Break Class Action

July 10, 2012
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At issue in the litigation was that guards were given 'on-duty' breaks during which they were required to keep their cellphones or pagers on.
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Contingent Workers Settle Suit in California

April 16, 2012
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The court was notified of the settlement last month, but the suit was first filed in July 2011. It sought to represent all contingent employees who worked at both PrO and Juniper in California.
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