Labor & Employment

Unlawful Policy = Unlawful Termination? The NLRB’s Latest Pronouncement

Is an employer’s decision to terminate an employee for violation of an unlawful policy itself unlawful? The NLRB assessed that in a recent decision.

Does Data Discriminate? Perspectives for Employers on the White House’s Recent “Big Data” Report

Employers should pay particular attention to one of the report’s central forecasts: the EEOC and other federal antidiscrimination agencies may begin scrutinizing how employers collect and use big data in managing their workforces.

Non-Compete Agreements Becoming Common Outside Tech

Non-compete clauses, long standard in the tech and sales industries, are becoming increasingly common in a wide variety of fields, […]

Permissible Limits On Employee Social Media

When do an employee’s criticisms, complaints, or derogatory statements constitute protected activity, and when are there proper grounds for discipline […]

NLRB Puts “Ambush Elections” On Fast Track

In March, Chairman Mark Pearce of the National Labor Relations Board refused a 30-day extension of the comment period on […]

Will Seattle’s $15 Per Hour Minimum Wage Start National Trend?

The city of Seattle’s rapid-fire approval of a $15-per-hour minimum wage, just months after workers began rallying behind the proposal, […]

Employer Sanctioned for Failing to Issue a Litigation Hold After Notice of EEOC Charge

A case from the United States District Court for the Western District of Washington is an important reminder of the risks associated with failing to preserve electronic information related to actual or threatened litigation.

Black Manager At Tiffany’s Files Discrimination Suit

A manager at jeweler Tiffany & Co. is suing the company for discrimination. Michael McClure, is bringing the suit after […]

Keep Your Internship Program Legal

The Department of Labor lists six criteria it will use to distinguish an intern from an employee. Although some courts […]

Cussing Out The Boss May Be Protected

Though he lost his temper, swearing at his supervisors and coworkers, the NLRB found an employee was within bounds of protected conduct.

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