J. Nelson Wilkinson

J. Nelson Wilkinson

Williams Mullen

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In Key Reversal, Board Grants Email Rights to Employees

In a reversal of its Bush-era decision, a divided National Labor Relations Board has ruled that employees generally have a right to use their employer’s email systems for union organizing and other protected purposes....more

12/15/2014 - AFL-CIO Email NLRB Protected Concerted Activity Purple Communications Unions

Amended Clery Act Regulations Mandate New Disclosures and Procedures

The Department of Education has published new regulations interpreting and applying the newly modified Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act). The rules include a...more

11/14/2014 - Clery Act Colleges DOE Gender-Based Violence New Regulations Reporting Requirements Sexual Assault Universities VAWA

No Recess: Supreme Court Decision Invalidates Three 2012 NLRB Appointments and Narrows President’s Recess Appointment Powers

On June 26, 2014, the United States Supreme Court ruled that President Obama’s purported “recess” appointments of three National Labor Relations Board members was an invalid exercise of executive power. The decision has...more

6/30/2014 - Administrative Appointments Barack Obama Canning v NLRB NLRB Political Appointments Recess Appointments SCOTUS

“Ban the Box” Ascendant: States Increasingly Restricting Applicant Criminal Record Inquiries

On January 1, 2014, it became illegal for Rhode Island employers to ask about criminal convictions on job applications. Employers in that state now face civil rights charges, monetary damages, and even liability for...more

1/29/2014 - Ban the Box Criminal Background Checks Criminal Records

In Rebuff to Labor Board, Fifth Circuit Sustains Arbitration Agreements with Class Action Waivers

In recent years, employers have faced increased, and increasingly expensive, class action litigation from current and former employees. In response, many employers have turned to arbitration agreements with class-action...more

12/6/2013 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Collective Actions D.R. Horton D.R. Horton v NLRB Federal Arbitration Act NLRA NLRB

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