Category Archives: Labor Law

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Happy New Year from the NLRB!

The New Year has begun with a knock on your door: “We are from the NLRB, and we are here to help.”  Do not continue to assume that you can pretend no one is home simply because your company is non-union.  The Board continues to assert itself as an active stakeholder in your operations, and … Continue Reading

My Top Ten Ways to Avoid Being Sued in 2016

I love this time of year. For some magical reason, everyone’s mood changes and smiles appear. Perhaps it’s their pending vacation or the chance to spend quality time with friends and family. So, in the spirit of the holidays, here is my gift to all our readers.   Drum rolls please . . .  TEN WAYS TO AVOID GETTING … Continue Reading

FIRST MONDAY IN OCTOBER PROMISES IMPORTANT RULINGS IN EMPLOYEE CASES

Walter Matthau and Jill Clayburgh were gifted actors.  But the new term of the Supreme Court, which opens today, promises to generate some drama of its own as well. Somewhat lost amid the understandable attention received by the historic same-sex marriage and Obamacare rulings last year were several important Supreme Court employment law cases regarding employee compensation … Continue Reading

IT’S UNBELIEVABLE! – BILL INTRODUCED INTO CONGRESS WOULD TURN LABOR RELATIONS ON ITS HEAD

There has been a consistent and steady decrease in unionization across the Country over the past forty years.  Although many can argue as to the reasons for that, it is clear that organized labor intends to alter that trend by changing the rules of the game.  The most recent attempt is the Workplace Action for … Continue Reading

Miranda Rights In The Workplace? Not Quite, But Meet His Cousin Weingarten

Picture this.  You suspect an employee (Slick Fingers) has been stealing in the workplace for weeks.  Today, multiple witnesses approach you and say they have witnessed Slick taking money from the cash register.  You feel inspired by the four episodes of the “First 48” you watched the night before and thought it would be cool … Continue Reading

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
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