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Adam Santucci

Adam Santucci

McNees Wallace & Nurick LLC


Latest Publications

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Facebook Discussion About "Street People" Protected

In a recent decision involving employee social media activity, the National Labor Relations Board held that a high-end clothing boutique in San Francisco violated the National Labor Relations Act when it terminated employees...more

5/15/2013

Employee Tip Pools: Dive In With Caution

For those employers who employ “tipped employees,” i.e., employees who generally receive $30 or more per week in tips, a tip pooling arrangement may have some appeal. After all, such arrangements allow for an equitable...more

5/9/2013 - DOL FLSA Tip-Pooling Tips Wages

Liquor Law Update -- May 2013

In This Issue: Employee Tip Pools: Dive In With Caution; Ahhh…Spring; and The Ska/Duclaw Trademark Dispute Over Euphoria, Trademark Lessons for the Craft Brewer Excerpt from Employee Tip Pools: Dive In With...more

5/8/2013 - Breweries DOL FLSA Tip-Pooling Tips Trademarks Wages

Investigations/Audits Of Employers By DOL Increase And Expand In Scope

The Department of Labor (DOL) routinely investigates and audits employers to ensure compliance with a variety of important labor and employment laws. Historically, wage and hour (overtime) compliance under the Fair Labor...more

3/6/2013 - Affordable Care Act Audits DOL FLSA FMLA Investigations Wage and Hour

The National Labor Relations Board 2012 Year in Review

Introduction - Wow, 2012 was quite the year for the National Labor Relations Board (“Board”)! Last year, we discussed the Board’s agenda, which at the time we described as aggressive, but with the benefit of hindsight,...more

2/20/2013 - Arbitration Agreements At-Will Employment Back Pay Banner Estrella Medical Center Bethlehem Steel Canning v NLRB Class Action Arbitration Waivers Confidential Information Confidentiality Agreements D.R. Horton Discipline Dues Checkoff Facebook Hispanics United of Buffalo Internal Investigations Karl Knauz Motors Latino Express New Process Steel NLRA NLRB Piedmont Gardens Political Contributions Posting Requirements Protected Concerted Activity Quickie Election Rules Recess Appointments Section 7 Social Media Social Media Policy Union Dues Unions United Nurses & Allied Professionals Witness Statements

NLRB Decisions To Fall Like Dominos?

As you may have heard, the District of Columbia Circuit Court of Appeals recently sent shockwaves through the labor relations world by holding that President Obama's "recess" appointments to the National Labor Relations Board...more

2/12/2013 - Barack Obama Canning v NLRB Class Action Arbitration Waivers D.R. Horton Employment Contract HealthBridge Management v. Kreisberg Injunctions Mandatory Arbitration Clauses NLRA NLRB Pro Forma Sessions Recess Appointments

Board Affirms Decision Ordering Reinstatement Of Employees Terminated For Facebook Comments

On September 20, 2011, we reported on Hispanics United of Buffalo, Inc., the first National Labor Relations Board Administrative Law Judge decision examining an employee's discharge for social media activity. Recently, the...more

12/28/2012 - Facebook Hiring & Firing Hispanics United of Buffalo NLRA NLRB Protected Concerted Activity Section 7 Social Media Termination Unions

Drug Testing Policies Up in Smoke?

We have been getting a lot of questions from employers about how employees' legal use of marijuana impacts an employer's ability to enforce its drug testing policy. Most of these questions were generated by the recent actions...more

12/5/2012 - ADA Drug Testing EEOC Employer Liability Issues Marijuana

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