Category Archives: Labor Law

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D.C. Circuit Takes No Prisoners: Rebukes NLRB Decision Declaring “Common Sense Sometimes Matters”

“Common sense sometimes matters in resolving legal disputes.” That’s how the D.C. Circuit began its opinion reversing a widely publicized 2011 decision by the NLRB finding that AT&T Connecticut had committed an unfair labor practice when it banned AT&T employees from wearing “Prisoner” shirts to the homes of customers. If you attended our annual employment … Continue Reading

OMG! Your Policy Says What? Part 2

Many employers and their attorneys believe the National Labor Relations Board (“NLRB”) has gone off the deep end.  This school of thought was again reinforced with the NLRB’s June 18, 2015 Remington Lodge Hospitality decision. In a 2-to-1 decision, the NLRB held that the Sheraton Anchorage hotel committed an unfair labor practice by maintaining (and could … Continue Reading

TOP SECRET Takeaways from our 25th Annual Labor & Employment Law Seminar

Our 25th Annual Labor & Employment Law Seminar is a wrap. Wow, 25 years goes by in the blink of an eye! Each year, our seminar continues to grow. Thank you to the attendees who have been with us from the beginning and the newcomers who attended for their first time this year.  With over 400 attendees from more than 200 employers, our 25th … Continue Reading

Unions’ Dream of “Quickie” Elections, Now a Reality

I was on my high school track team.  My favorite race was the 100-yard dash.  I distinctly remember practicing how to spring quickly out of the starting line blocks when the gun fired.  The faster I jumped out of the blocks, the greater the odds of winning. This image came to mind when I met last week with the Regional Director of the National Labor Relations Board (the “NLRB”) for Region 12. Region 12 covers most of Florida (excluding the … Continue Reading

Wrestling with Independent Contractors

As I sit here watching professional wrestling with my son, it hits me. Vincent Kennedy McMahon, the Chairman of World Wrestling Entertainment, is a genius. First, Mr. McMahon has kept me interested in staged fights (with predetermined outcomes) for the majority of my life. Second, I marvel at how he has successfully monetized this phenomenon … Continue Reading

Bathroom Breaks & Decreased Productivity #HoldItIn2WinAPrize

Employers have fairly wide discretion in terms of developing work rules designed to increase productivity and decrease time spent “slacking off.” But, if you believe the reports, one Chicago-based company may have gone too far. Apparently, WaterSaver Faucet Company has been experiencing a decrease in employee productivity. The perceived root of the problem? Excessive bathroom … Continue Reading

The Wage & Hour Battle Rages On

Over the last several months, President Obama has continued his push to revamp the nation’s minimum wage and overtime laws. He has faced an uphill battle. In a Presidential Memorandum dated March 13, 2014, President Obama directed the Department of Labor to “propose revisions to modernize and streamline the existing overtime regulations” under the Fair … Continue Reading

FMLA UPDATE: Proposed Revision to Definition of “Spouse” To Include Same-Sex Spouses, Regardless of Where They Live

On June 20, 2014, the Department of Labor (“DOL”) announced its proposal to change the FMLA’s definition of “spouse”. According to the DOL, the purpose of the proposed change is to “ensure that same-sex couples who have legally married will have consistent FMLA rights regardless of where they live.” Under the current FMLA regulations, employees … Continue Reading

Effective Use Of Non-Compete Agreements

As recently reported by The New York Times, non-compete agreements are popping-up in a wide array of businesses to protect varied business interests. As businesses have come to recognize, non-competes are not limited to protection against disclosure of a “top secret” formula, process, or technological invention.  A properly drafted non-compete agreement may have much wider … Continue Reading

And the Beat Goes On (at the NLRB)

Those of you who attended our annual labor & employment seminar on May 1 or read our blog with any regularity or just pay attention to developments in employment law, know that the National Labor Relations Board (NLRB) and its administrative law judges have been finding employers guilty of unfair labor practices in new and … Continue Reading

A Little HR Humor: Employee Tardiness

It’s often said that laughter is the best medicine, so maybe a little laughter will help you transition back to work after the holiday weekend. We recently came across the results of a survey conducted by CareerBuilder on employee tardiness. While the survey already is a few months old, we couldn’t resist the urge to … Continue Reading
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