Ver la versión en español aquí Another successful seminar in the books! Thank you to the nearly 400 attendees who came from near and far. We hope you enjoyed the day and that our presentations provided timely, relevant and valuable insight. Congratulations to our blog contest winners! You will receive complimentary registrations to our 2019 Seminar. Monelle Petgrave, Amadeus … Continue Reading
Ver la versión en español aquí The recently passed tax act promises to have wide ranging impacts on businesses which go beyond the accounting department. There have been attempts by other agencies such as the SEC, EEOC, DOL and NLRB to limit the confidentiality of settlements. The new tax act follows suit by including a provision … Continue Reading
Ver la versión en español aquí Let’s go back to happier times … for Pittsburgh Steelers fans, that is. On January 15, 2017, the Steelers won the AFC Divisional playoff, moving the team to the AFC Championship game against the New England Patriots the following Sunday. (Cue the “Boos”). The players were elated. The post-game … Continue Reading
Ver la versión en español aquí Finally. The wait is almost over. The U.S. Supreme Court will decide whether an employer may enforce a mandatory arbitration agreement that contains a class action or collective action waiver. Last Friday, the Supreme Court agreed to hear 3 cases stemming from the NLRB’s 2012 decision in D.R. Horton, … Continue Reading
Ver la versión en español aquí With a new administration, folks in the employment world are anticipating change. Here are some key issues to keep your eyes on: Salary Test for Certain Overtime Exempt Employees– Expect the DOL to pull back or not enforce new regulations nearly doubling the salary threshold for the “white collar” … Continue Reading
Ver la versión en español aquí It’s time! An employee needs to go. The departure needs to be a clean break with no threat of future litigation. A severance pay agreement, in exchange for a promise to never bring a claim against the company or speak ill of the company, looks like a good idea. … Continue Reading
Ver la versión en español aquí 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 … Continue Reading
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
Ver la versión en español aquí 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 … Continue Reading
Ver la versión en español aquí 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 … Continue Reading
Ver la versión en español aquí “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. … Continue Reading
Ver la versión en español aquí This past week, I read the NLRB’s recent Order in Banner Health Systems, and, strangely enough, Elmer J. Fudd came to mind. Yes, the Looney Tunes character – the archenemy of Bugs Bunny. As he attempted to hunt-down Bugs, Elmer Fudd would say, “Shhh. Be vewy, vewy, quiet. I’m … Continue Reading
Ver la versión en español aquí 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 … Continue Reading
Ver la versión en español aquí 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 … Continue Reading
Ver la versión en español aquí 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 … Continue Reading
Ver la versión en español aquí Wow, how time flies! We are quickly approaching our 25th Annual Labor & Employment Law Seminar this Spring. Mark your calendars now because this year’s seminar is not to be missed! Join us on Friday, May 8th from 8 am-4:00 pm at the InterContinental Miami hotel as we reveal … Continue Reading
Ver la versión en español aquí Lots of people make New Year’s resolutions: to lose weight, quit smoking, stop procrastinating, and so on. With a week left in this very eventful year for employers, now is a great time to look back at the year we’ve had with an eye toward the challenges and concerns … Continue Reading
Ver la versión en español aquí 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 … Continue Reading
Ver la versión en español aquí May 1, 2014, was not a typical day in the office for us. We left our offices from across the state and headed to the Trump National Doral Hotel to join over 380 attendees at our 24th Annual Labor and Employment Law Seminar. Thanks to all the private and public … Continue Reading
Ver la versión en español aquí 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 … Continue Reading
Florida’s Supreme Court and the federal appeals court covering Florida recently issued opinions regarding the enforceability of arbitration agreements. The federal court opinion said that an arbitration agreement waiving an employee’s ability to bring a collection action under the Fair Labor Standards Act (“FLSA”) is enforceable. The state court opinion said that an arbitration provision … Continue Reading
A National Labor Relations Board (NLRB) administrative law judge recently found two code of conduct rules that prohibited comments exceeding “the bounds of fair criticism” and behavior that “is counter to promoting teamwork” violated the National Labor Relations Act (NLRA). Click here for copy of the case. The case arose after the William Beaumont Hospital terminated … Continue Reading
The National Labor Relations Board (NLRB) has decided not to seek U.S. Supreme Court review of two U.S. Court of Appeals decisions invalidating the NLRB’s Notice Posting Rule. As you may recall, the rule would have required most private sector employers to post a notice notifying employees of their rights under the National Labor Relations … Continue Reading
Last week, an administrative law judge for the National Labor Relations Board, ruled that a technical college ran afoul of the National Labor Relations Act for instituting a policy prohibiting employees from gossiping and for then firing an employee who violated the policy. Click here for a copy of the case. Laurus Technical College in Atlanta … Continue Reading
