Eric Stuart

Eric Stuart

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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Latest Publications


NLRB’s New “Ambush Election" Rules Go Into Effect: Is Your Organization Ready?

On April 14, 2015, after a four-year battle, the National Labor Relations Board’s (NLRB) final “ambush election” rules, which will dramatically shorten the time between requests for a vote and a union election, go into...more

4/14/2015 - Ambush Election Rules NLRB

NLRB General Counsel Issues Aggressive Immigration Initiative—Employers Now Face Extraordinary Penalties

On February 27, 2015, National Labor Relations Board (NLRB) General Counsel Richard F. Griffin, Jr. injected the NLRB into the national debate regarding border security, the rights of undocumented workers and their families,...more

3/10/2015 - Border Security Deportation DHS DOJ Employer Liability Issues NLRB Undocumented Immigrants

The Employment Law Authority - December 2014

In This Issue: - Justices Issue Pro-Employer Rulling in FLSA Case - Ogletree Deakins Named A "Law Firm of the Year" - California Mandates Anti-Bullying Training for Supervisors - OFCCP Issues Final...more

12/17/2014 - Amazon Bullying Discrimination Email Federal Contractors FLSA Hiring & Firing NLRB OFCCP Political Appointments Protected Concerted Activity Purple Communications Unions Workplace Bullying Workplace Violence

NLRB Issues "Ambush Election" Rules — Union Elections Now Likely to Occur in Less than 21 Days

On December 12, 2014, the National Labor Relations Board (NLRB) implemented the long- anticipated “ambush election” rules, which govern the procedures for union representation elections. The new rules go into effect on April...more

12/12/2014 - Ambush Election Rules Corporate Counsel NLRB Popular Union Elections Unions

NLRB Establishes new Right for Employees To Use Company Email During Non-Working Time: Is The Obama Board Out Of Control?

On December 11, 2014, a sharply divided National Labor Relations Board (NLRB) ruled in a 3-to-2 decision that employees with access to employer email systems “in the course of their work” must, in most cases, be allowed to...more

12/12/2014 - Email NLRB Popular Purple Communications Unions

Lauren McFerran Confirmed To National Labor Relations Board — Obama Union-Friendly Agenda Likely to Continue

On Monday December 8, 2014, the U.S. Senate voted along party lines to confirm President Obama nominee Lauren McFerran to the National Labor Relations Board (NLRB). McFerran, currently the chief labor counsel for the Senate...more

12/10/2014 - Barack Obama Confirmation Proceedings NLRB Political Parties

The Employment Law Authority - July/August 2014

In this Issue: - Immigration. DOJ settles immigration-related discrimination claim - State Round-Up. Learn about the latest employment law news in your state - Traditional Labor. Eric Stuart discusses two recent ...more

8/27/2014 - Bargaining Units Discrimination DOJ EEOC Employee Rights Employer Liability Issues Hiring & Firing Immigrants Pregnancy Pregnancy Discrimination Sex Discrimination

NLRB Decisions on “Micro Units” Provide Guidance for Employers Concerned With Union Organizing

In two recent decisions, the National Labor Relations Board (NLRB) reached different conclusions on whether unions can organize small groups of employees in a workplace. While the NLRB’s decisions in Macy’s, Inc. and The...more

8/8/2014 - Employer Liability Issues Macy's Neiman Marcus NLRB Retailers Specialty Healthcare Union Elections Unions

OSHA and the NLRB Offer Safety Whistleblower Plaintiffs a Second Bite of the Apple by Resurrecting Untimely Whistleblower Claims

In our last Workplace Safety & Health blog post, we discussed proactive steps employers can take should the Occupational Safety and Health Administration (OSHA) arrive with a union representative or community activist to...more

5/29/2014 - Employee Rights NLRA NLRB OSHA Unions Whistleblowers

The Employment Law Authority - March/April 2014

In This Issue: - Depressed Worker Does Not Qualify For Leave: Court Finds FMLA Requires A Period Of Incapacity - Homer Deakins Testifies Before NLRB: Discusses Controversial Changes To Representation Election...more

5/1/2014 - Employee Rights Employer Liability Issues Equal Pay Federal Contractors FMLA NLRA NLRB Pay Equality Notices Union Elections Wage and Hour

Shame On Who? Responding to Union Corporate Campaigns, Protests, and Bannering

The recent retail and fast food industry protests regarding demands for a “living wage” remind us that corporate campaigns by unions are a form of corporate warfare. They seek to inflict upon employers a “death from a...more

4/1/2014 - NLRA NLRB Unions

Social Media & Protected Activity: Not Always a Third Rail for Employers

The efforts of the National Labor Relations Board (NLRB) to expand the definition of employee activity protected by section 7 of the National Labor Relations Act (NLRA) and its aggressive prosecution of employers alleged to...more

3/5/2014 - Employer Liability Issues Facebook NLRA NLRB Protected Concerted Activity Social Media

Is the NLRB’s Obsession with “Default Language” in Informal Settlement Agreements Waning?

The 2011 decision of the former Acting General Counsel of the National Labor Relations Board (NLRB) to mandate inclusion of “default language” in every informal unfair labor practice settlement agreement (General Counsel...more

2/10/2014 - NLRB Settlement Unfair Labor Practices

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