Articles: 1-10 of 39
NLRB Narrows Definition of “Protected Concerted Activity” in a Decision that Benefits Both Union and Non-Union Employers
USA - February 5 2019 On January 11, 2019, the National Labor Relations Board issued a decision narrowing the scope of what qualifies as “protected concerted activity”…
Export Control Hiring Practices Continue to Challenge Employers
USA - November 1 2018 Two recent settlements between employers and the U.S. Department of Justice (DOJ) highlight the complex interplay between U.S. immigration and export…
Ninth Circuit Decertifies Class of 160,000 Alleging Misclassification as Independent Contractors
USA - September 25 2018 On September 25, 2018, the Ninth Circuit granted Uber’s motion to compel arbitration and decertified a class of 160,000 drivers alleging violations of…
DOL Guidance on FMLA, No-Fault Attendance Policy, and Wellness Screenings
USA - August 29 2018 On August 28, 2018, the U.S. Department of Labor’s Wage Hour Division issued six new Advisory Opinion letters offering employers guidance on a range…
NLRB GC Issues Guidance on Handbooks and Injunctions
USA - June 29 2018 This month, NLRB GC Peter Robb issued guidance on work rules under the Board’s new Boeing standard and on the kinds of cases appropriate for…
Of Elephants and Mouseholes: Supreme Court Holds Employers Can Lawfully Require Class Action Waivers in Arbitration Agreements
USA - May 21 2018 Today, the United States Supreme Court ruled in Epic Systems Corp. v. Lewis, No. 16-285that employers could lawfully require employees to waive their…
Checklist for Workplace Investigations that Survive Litigation Scrutiny
USA - May 13 2018 Human Resource and Labor Relations professionals (HR/LR) normally take the lead on workplace investigations of employee misconduct. Given that, they…
California Narrows Definition of Independent Contractor; Upends 30-Year Old Test
USA - May 1 2018 On April 30, 2018, the California Supreme Court substantially narrowed the class of individuals who qualify as independent contractors under…
Supreme Court Rules Car Dealerships Don’t Have To Pay Overtime To Service Advisors
USA - April 2 2018 On Monday, April 2, 2018, the Supreme Court of the United States ruled that car dealerships do not have to pay service advisers overtime under federal…
Confidentiality Policies that Survive EEOC and NLRB Scrutiny: Reexamining Harassment Investigation Protocol Part 2
USA - March 26 2018 In Part 1 of the series reexamining harassment policies and procedures, we looked at common harassment investigation missteps and how to correct them…
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