David Murphy

David Murphy

Dorsey & Whitney LLP

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Ninth Circuit Reinforces that Arbitration Agreements Will be Enforced

Ashbey was employed from December 1996 until November 2010, when he was discharged. He started with Archstone as a service technician and was promoted to regional service manager. In 2009, Ashbey signed a document titled,...more

5/19/2015 - Arbitration Arbitration Agreements Discrimination Title VII

NLRB Published Report Concerning Employee Handbook Rules and Policies

On March 18, 2015, NLRB General Counsel Richard Griffin published a Report concerning recent case developments arising in the context of employee handbook rules and policies. The thirty-page Report concludes that many...more

4/3/2015 - Employee Handbooks Employment Policies NLRA NLRB Protected Concerted Activity Section 7

NLRB Report Concludes that Many Common Handbook Policies Violate NLRA

When employers hear “NLRB,” they immediately think “union.” This connection is understandable because, at least historically, the main focus of the National Labor Relations Board (the “NLRB”) has been union-related issues....more

4/1/2015 - Employee Handbooks Employment Policies NLRA NLRB Section 7

NLRB Implements Dramatic Changes to Union Representation Election Procedures

Late last week, the National Labor Relations Board (the “Board”) issued a long-anticipated final rule implementing dramatic changes to the procedures for union representation elections. The so-called “quickie election” or...more

12/19/2014 - Ambush Election Rules NLRB Union Elections Unions

QUIRKY QUESTION # 239, Employers Might Be Liable For Accidents During The Commute If They Require Employees To Use Their Vehicle...

Question: Our office manager occasionally runs errands during the day such as delivering something to a customer or picking up lunch for a meeting. We reimburse her at the IRS rate for mileage. Yesterday, on her way...more

8/12/2014 - Car Accident Commuting Employer Liability Issues

What Exactly is the Long-Term Impact of the NLRB’s Decision? Part 3

While the Northwestern decision applies to private universities, there is a good chance that this rule would affect public universities as well. States have individual statutes and related administrative bodies that govern...more

4/25/2014 - College Athletes Employee Definition NLRB Northwestern University Students Unions Universities

Student-Athletes: Are They Employees?

Digging Deeper into the History of the NLRB’s Decision and Northwestern’s Appeal - This case started when the “College Athletes Players Association” (“CAPA”) was formed as a union created to represent the Northwestern...more

4/23/2014 - Brown University College Athletes Employee Definition NLRA NLRB Northwestern University Public Schools Scholarships Student Employees Unions United Steelworkers

College Athletes and Unions: A First Strike from the NLRB

On March 26, the Chicago Region of the National Labor Relations Board (the “NLRB” or the “Board”) decided that college football players at Northwestern University not only are “employees” but also are entitled to form a labor...more

4/18/2014 - College Athletes NLRB Unions

QUIRKY QUESTION # 224, The De Minimis Defense to Off the Clock Work Claims

We have an employee who is claiming that he should be paid for time cleaning up his work station after logging out of our electronic time keeping system each night. Literally, he spends one or two minutes straightening his...more

4/18/2014 - De Minimus Quantity Exemption Employer Liability Issues Employment Policies Starbucks Unpaid Wages Wages

Quirky Question # 221, San Francisco Ordinance: Flexible Work Schedule

We have a part-time employee in San Francisco, CA who works Monday to Friday 9:00 a.m. to 1:00 p.m. as support for our sole salesperson in the Bay Area. She has recently requested to alter her schedule to work only 3 days a...more

2/28/2014 - Family-Friendly Workplace Ordinance Flexible Work Arrangements

Quirky Question #220, Independent Contractors

I have always understood that California employers that misclassify workers as independent contractors face potential liability, including compensatory damages, penalties and attorney’s fees. I recently heard a news broadcast...more

2/17/2014 - Employer Liability Issues Independent Contractors Professional Liability

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