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Labor Relations

Lies, Untruths and Protected Concerted Activity

September 10, 2013
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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.
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Plenty of H-1Bs a Possibility

August 2, 2013
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This temporary visa provision hopes to address the widening skills gap between high-tech jobs and U.S. workers.
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Legal Briefing: NLRB Posting Rule and Employer Speech Rights

July 30, 2013
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The NLRB’s rule compelling employers to post notices of worker rights oversteps the NLRB’s rule-making authority.
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6th Circuit's Narrow Definition of 'Supervisor' Under the NLRA has Broad Implications

July 10, 2013
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In a political environment that is broadening the National Labor Relations Board's power, a federal court's recent narrowing of the definition of “supervisor” is a big win for employers.
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Today's Post Is Brought to You by the Letters W, A, R, and N

July 1, 2013
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If you are near or above the Worker Adjustment and Retraining Notification Act's 100-employee threshold, and you are considering closing a plant or laying off a large number of employees, check with employment counsel to determine whether the WARN Act will be triggered, and, if so, what specific notices you must provide and to whom.
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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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Controlling the Discrimination Case

June 5, 2013
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How a court frames who is, and who is not, “similarly situated” can be dispositive of the issue of discrimination. For this reason, it is wise to examine any potential similarly situated employees for similar or dissimilar treatment under like circumstances before taking action against a protected employee.
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Email Surveillance as Evidence of Retaliation

May 22, 2013
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If you are going to enforce a policy or exercise some employer right (like surveillance of corporate email or computer systems), do it consistently, not selectively and only after an employee complains about discrimination. Otherwise, you could change a legal and reasonable act into evidence of unlawful retaliation.
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