The 2011 ruling of Wal-Mart Stores Inc. v. Dukes continued to have a wide-ranging impact on virtually all class actions pending in federal and state courts throughout the country in 2013 cases.
Retaliation is a low standard for employees to meet. Employers must treat it carefully when dealing with an employee who engaged in protected activity.Read More
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.Read More
My favorite exchange from the oral argument illustrates my concern over the coercive nature of card-check recognition.Read More
In recent decisions, National Labor Relations Board law judges have issued decisions that employers unlawfully interfered with employees’ rights.Read More
Worker advocacy groups have been increasing in number for the past three decades. While they operate as nonprofits, some critics believe they should be labeled as unions.Read More
Court to hear arguments on whether an American Indian casino can prevent blackjack dealers from organizing.Read More
Employees have an absolute right to discuss with each other how much they make. It is illegal to have a policy that prohibits wage discussions, or to fire an employee for engaging in such discussions.
Despite the belief of some that the NLRB is pushing the bounds of what qualifies as protected concerted activity vis-à-vis social media, one universal truth remains the same—liars do not win cases.Read More
This temporary visa provision hopes to address the widening skills gap between high-tech jobs and U.S. workers.Read More