Employee who claims physical and emotional distress damages must preserve Facebook account *

USA - April 9 2013
In Gatto v. United Air Lines, Inc., the U.S. District Court for the District of New Jersey issued one of the first sanctions against a party who…

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Bad performance led to reassignment *

USA - August 1 2012
A New Jersey District Court recently ruled in favor of an employer who reassigned a long-term African-American employee who did not have the ability to perform a particular managerial job despite the claim that her reassignment was a demotion due to her race.

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Federal court strikes down new NLRB election rule *

USA - May 15 2012
Yesterday, the U.S. District Court for the District of Columbia invalidated the National Labor Relations Board's ("NLRB") election rule that went into effect on April 30, 2012.

Co-authors: Patrick J. McCarthy, Francine Esposito.

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National Labor Relations Board indefinitely postpones posting requirement *

USA - April 19 2012
On April 17, 2012, the National Labor Relations Board ("NLRB") announced it will postpone the effective date of its rule requiring employers to post a notice advising employees of their rights under the National Labor Relations Act ("Act") pending resolution of two court cases.

Co-authors: Claudia T. Centomini, Patrick J. McCarthy, Francine Esposito, Mary B. Rogers, Edward P. Lynch.

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Employers should get housekeeping in order before the NLRB’s new election rule takes effect *

USA - February 7 2012
In December 2011, the National Labor Relations Board (“NLRB”) published its final rule on the union election process.

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