John T. Merrell

John T. Merrell

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

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The Employment Law Authority - March/April 2016

A federal appellate court recently held that an employer did not violate the Americans with Disabilities Act (ADA) when it discharged an employee who had been sleeping at work and falling short of the employer’s performance...more

4/11/2016 - ABC Test ADA Class Action Deferred Action DOL EEOC Fair Chance Act Fair Share Law Friedrichs v CA Teachers Association Harassment Hiring & Firing Hostile Environment Independent Contractors Justice Scalia Minimum Wage Non-Compete Agreements Persuader Rules Poor Job Performance Posting Requirements Public Employees SCOTUS Sick Leave Union Dues Wage and Hour

Department of Labor Issues New “Persuader” Regulations Expanding Employers’ Reporting Obligations Under LMRDA

On March 24, 2016, the U.S. Department of Labor (DOL) will publish new regulations expanding the obligations of employers and lawyers to report certain information to the DOL under the Labor Management Reporting and...more

3/24/2016 - Collective Bargaining Consultants DOL LMRDA New Regulations Persuader Rules Reporting Requirements Unions Written Agreements

The Employment Law Authority - January/February 2016

A federal appellate court recently held that an employer did not violate Title VII of the Civil Rights Act when it discharged an employee shortly after she informed her manager that she was pregnant. According to the Fifth...more

3/14/2016 - Audio Recording Ban the Box Criminal Background Checks EEOC FLSA Gender-Based Pay Discrimination Hiring & Firing LGBT Minimum Wage NLRB Retaliation Title VII Wage and Hour Whistleblowers

Are You on Candid Camera? The NLRB Just Made It More Difficult to Ban the Use of Recording Devices in the Workplace

On December 24, 2015, the National Labor Relations Board (NLRB) issued a decision in Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), finding for the first time that it is unlawful for an employer to adopt a work...more

1/18/2016 - Audio Recording Confidential Information NLRA NLRB Policies and Procedures Popular Protected Concerted Activity Video Recordings Whole Foods

Protected Concerted Activity on Facebook: The NLRB “Likes” This

The National Labor Relations Board (NLRB) continues to expand its interpretation of the forms of employee online behavior that constitute protected concerted activity under the National Labor Relations Act. Recently, in Three...more

9/9/2014 - Employer Liability Issues Facebook NLRA NLRB Protected Concerted Activity Restaurant Industry

NLRB Launches Mobile App in Latest Effort to Educate Employees About NLRA

On August 30, 2013, the National Labor Relations Board (NLRB) announced the release of a free NLRB mobile app for iPhone and Android users. The app is the latest phase of the NLRB’s continued campaign to educate employees...more

9/17/2013 - Employee Rights Mobile Apps NLRA NLRB

NLRB to Appeal Noel Canning Decision Directly to U.S. Supreme Court

The National Labor Relations Board (NLRB) issued a short statement on March 12, 2013, indicating its intention to file a petition for certiorari with the United States Supreme Court seeking review of the U.S. Court of Appeals...more

3/14/2013 - Canning v NLRB NLRB Recess Appointments SCOTUS

NLRB Holds That Dues Checkoff Obligations Continue After Contract Expiration

In a reversal of 50 years of precedent, the National Labor Relations Board (NLRB or Board) held recently that an employer’s obligation to check off union dues from employees’ paychecks should continue even after the...more

3/4/2013

NLRB ALJ Issues Additional Social Media Guidance in Dish Network Corporation

The National Labor Relations Board (the NLRB or Board) and its administrative law judges continue to scrutinize employers’ social media policies, with additional guidance being released almost weekly. In a case involving Dish...more

12/20/2012 - ALJ NLRB Social Media Social Media Policy

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