Monday, October 17, 2016

Big Labor Attacks Idaho’s Right to Work Law

by Skip Sperry, Esq

A big labor case filed in Idaho’s federal district court continues to progress. The case, entitled International Union of Operating Engineers Local 370 v. Wasden, Case No. 4:15-cv-00500, was filed on October 22, 2015. The complaint alleges that Idaho’s Right to Work (“RTW”) statute is unconstitutional based upon the 5th Amendment prohibition against takings of private property for public use without paying just compensation.

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Wednesday, September 21, 2016

Has Illinois Taken Leave Of Its Senses?

By David G. Lubben, Esq.

Leave program managers have a tough job. The federal FMLA is complex and has hundreds of pages of detailed regulations. New state laws from Illinois will make the leave administrator’s job even tougher in this State.

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Thursday, April 21, 2016

How to Regulate Employees' Off-Duty Conduct

by Sarah Briley, Esq.

With the increasing ubiquity of social media, information on the off-duty conduct of employees has never been more accessible to employers. As an employer, it is important to keep in mind that simple disagreement with an employee's off-duty conduct is not always sufficient to justify termination.

An employer should be able to show that the employee's off-duty conduct had some objective negative impact on the employee's ability to do his or her job.

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Monday, October 12, 2015

Businesses Lose as the NLRB Crafts a Solution in Search of a Problem

by Christopher J. Lalak, Esq.

Marking a sea change in labor law and a departure from decades of settled precedent, the National Labor Relations Board (NLRB) formulated a new joint employer standard in their August 27, 2015, Browning-Ferris Industries of California, Inc. decision.

For the past three decades, whether a joint employer relationship existed turned on the "single employer" test, that is, whether "two nominally separate entities are part of a single integrated enterprise so that, for all purposes, there is in fact a 'single employer.'"[1] Under the settled framework, an entity could only be found to be a joint employer if it exercised actual control over the terms and conditions of employment of another entity's employees.

This recent decision injects a great deal of uncertainty into an area of labor law which was, up until now, quite predictable.

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Monday, September 22, 2014

Six Surprising Ways Smartphones Can Get Your Business in Hot Water

by Jeff Calabrese, Esq.

From the C-suite to the mailroom, smartphones have become a ubiquitous part of our work life. Smartphones (and other mobile devices) are actually fully networked computers with portals to your company's servers and data, as well as employees' personal activity. The benefits of these veritable Swiss Army knives of technology are obvious. But there are other, less-appreciated employment risks that businesses should consider.

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Tuesday, July 1, 2014

The NLRB Will Strike Down Your Social Media Policy Even If You Don't Have a Union

by Wilford H. Stone, Esq.

As the percentage of unionized employees in the country continues to fall, the National Labor Relations Board (NLRB) increasingly scrutinizes non-union environments.

Section 7 of the National Labor Relations Act (NLRA) provides employees with the right to organize unions, join unions, assist labor organizations, and engage in collective bargaining.

Section 7 is interpreted to give all employees the right to discuss the terms and conditions of their employment at a reasonable time and in a reasonable place/manner.

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Monday, May 5, 2014

Dos and Don’ts for an Employer’s Social Media Policy

by Benjamin W. Price, Esq.

The use of social media in the employment setting has prompted employers across the country to create handbook policies regulating its employees' use of social media. Given recent cases and the countless NLRB decisions (and memoranda) on the use of social media in the employment setting, here are some dos and don'ts for employers creating a social media policy.

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Wednesday, April 16, 2014

Workers' Compensation Implications of the NLRB Finding that Northwestern Football Players Are Employees

by Rich Lenkov, Esq.

In a decision that could forever change collegiate sports as we know it, on March 26th the Chicago Division of the National Labor Relations Board (NLRB) found that Northwestern University football players are "employees" under the National Labor Relations Act (NLRA).

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Monday, March 17, 2014

Take a Second Look at Your Employment Contracts

by R. John Kuehn, Esq.

Quicken Loans probably thought it had a solid non-compete case against Lydia Garza, one of its mortgage brokers who quit to go work for a competitor.

But, when hit with a lawsuit, Ms. Garza didn't just defend against Quicken Loans' claims, she filed a charge with the National Labor Relations Board (NLRB) claiming that the confidentiality and non-disparagement provisions of her non-compete violated her right to engage in protected concerted activity under Section 7 of the National Labor Relations Act (NLRA).

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Monday, January 13, 2014

The Top 6 Employment Law Challenges for 2014

by Alan M. Kaplan, Esq.

Are companies ready for 2014? Last year, we saw several significant changes and reminders to lessen the risks of suit. Here is our list of the top six challenges human resource professionals should address.

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