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When complaining about your job becomes protected concerted activity: NLRB holds firings for negative Facebook posts about fashion company unlawful

USA - April 25 2013 On April 19, 2013 the National Labor Relations Board (NLRB) held that the Bettie Page clothing company unlawfully fired employees who used Facebook to…

Karen S. Vladeck

HR Directors Beware: You May Be Personally Liable for FMLA Violations

USA - March 22 2016 Applying an "economic reality" test derived from the Fair Labor Standards Act (FLSA), the US Court of Appeals for the Second Circuit recently ruled…

Is being vegan grounds for Title VII protection? One court says it may be

USA - January 4 2013 In a recent decision by the United States District Court for the Southern District of Ohio, a hospital employee who was fired for refusing to accept a flu…

Karen S. Vladeck

NLRB “doubles down”: Board affirms controversial ruling barring mandatory agreements that prohibit arbitration of class or collective action employment disputes

USA - November 5 2014 In January 2012, the National Labor Relations Board (NLRB or Board) decided arbitration clauses in employment contracts that require individual…

Karen S. Vladeck

EEOC Issues Final Guidance on Retaliation

USA - August 31 2016 The Guidance replaces the EEOC’s 1998 Compliance Manual section on retaliation. It also addresses the separate "interference" provision under the…