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Labor Relations

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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Social Media is the Digital Water Cooler

May 21, 2013
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Employees still might gather around the lunch table or coffee machine to gossip about work, but they are also just as likely, if not more likely, to carry over those conversations outside of the workplace through their personal social media accounts.
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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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