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Court of Appeals Affirms Woody Allen - When it Comes to Work, Showing Up Is Essential

The movie director and comedian Woody Allen is credited with the observation that “Showing up is 80% of life.” A federal court of appeals in New Orleans has gone one step further and ruled that showing up for work is a 100%...more

Is Your Employee NDA Weak?

We live in a world of “leaking” information and the automotive industry is not immune. Automotive companies go to great lengths to protect their confidential information (including innovations). But do they have the legal...more

How Weak Are Employee “Nondisclosure Agreements”? The Answer May Make You Gag

We live in a world of “leaking” and threats of dire consequences for the leakers. Does an employer have the legal means to prevent disclosure of information acquired during employment? Likewise, can an employer seek legal...more

The Revised Persuader Rule — An Obituary

The “Persuader Rule” — Brief Background - After several years of review and public comment, on March 24, 2016, the U.S. Department of Labor (DOL) issued its new interpretation of the so-called “Persuader Rule.” The new...more

The “Persuader Rule” Permanently Enjoined

As we have previously reported, in March of 2016, the Department of Labor (“DOL”) issued a reinterpretation of the Persuader Activities Rule (The “Revised Rule”). This Revised Rule required that: - employers must...more

Department of Labor Appeals "Persuader Rule" Order

As employers may be aware, on March 24, 2016, the Office of Labor-Management Services (OLMS), an agency in the federal Department of Labor (DOL), issued a new interpretation of the so-called “Persuader Rule” that would have...more

The New “Persuader Rule” and Its Impact on Manufacturers

The federal Office of Labor-Management Standards (“OLMS”) in the Department of Labor issued a Final Rule, on March 24, 2016, that significantly reinterprets the so-called Persuader Activities Rule. This rule represents the...more

New DOL “Persuader” Rule Stimulates Exaggerated Persuader Activities by Proponents and Opposition

We will try to keep this straightforward and polemic free. We will try. The last time there were any significant changes to the National Labor Relations Act was in 1959, when Congress passed the Landrum-Griffin bill...more

Purple Haze Remains Over Employees' Personal Rights on Employer Email Networks

More than a year after the National Labor Relations Board’s (NLRB) momentous Purple Communications, Inc. decision, determining that employers must allow off-duty employees to use the company email system to engage in...more

Telecommuting — Employees Enter the Sharing Economy? (Part 2)

Last week we began delving into some of the many issues that the rise of telecommuting has caused employers to confront, ranging from jurisdictional questions to how to determine when remote employees are actually working and...more

Telecommuting - Employees Enter the Sharing Economy? (Part 1)

As onrushing technological changes continue to disrupt our society, the concepts of how we work and, more particularly, where we work, are not immune from that disruption. Forbes Magazine reports that 11 percent (8,000...more

How the NLRB Spent Its Summer — Could Be a Chilly Autumn

For those of us in the employment field attempting to recover from the languor of long summer days, it’s time to catch up and ask what the NLRB has been up to during the dog days. The answer – a lot. And so we take this...more

Union Contracts to the Rescue? Really?

We have previously alerted readers to the growing number of cities and states that have enacted paid sick leave laws, and the need to ensure employers that operate in these jurisdictions comply. However, so far, little...more

Huge Jury Award in Pregnancy Discrimination Case – But Will It Stick?

Causing waves to travel through the legal community, a California jury has recently ordered a woman’s former employer to pay her $186 million in punitive damages. In the case, the woman claimed that she had been demoted after...more

Does Your Email Policy Pass Muster? New NLRB Decision Offers Guidance

Amidst the flurry of major legal announcements see here and here from the U.S. Supreme Court in the last couple of weeks, a recent NLRB decision slipped through barely noticed, yet it may have more practical consequences for...more

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