Latest Publications


Union Avoidance in The Face of the NLRB’s New “Quickie Election” Rule

This past December, the National Labor Relations Board (NLRB) issued its Final Rule implementing an accelerated process for conducting union representation elections—the “Quickie Election” Rule. The new regulations are to go...more

1/28/2015 - Ambush Election Rules Best Practices Chamber of Commerce Corporate Counsel Employer Liability Issues Final Rules NLRB Union Elections Unions

Obama’s Executive Actions on Immigration to Affect the Hiring and Retention of Highly Skilled Foreign Employees

The executive actions on immigration that President Obama announced in late November include a hodgepodge of new policies and directives that will impact millions of foreign nationals—both documented and undocumented—now...more

12/9/2014 - Barack Obama DACA Deferred Action Deportation DHS DOL Executive Orders Highly-Skilled Workers Visa Hiring & Firing Immigration Reform PERM USCIS

NLRB Upholds Employee Terminations for Facebook Rant

A few weeks ago, I wrote a blog post about the recent line of NLRB cases examining what constitutes “protected, concerted” activity in the context of employees engaging in profane, insulting, or disrespectful conduct or talk...more

11/4/2014 - Employee Rights Hiring & Firing NLRA NLRB Social Media Termination

Triple Play Sports Bar Appeals NLRB’s Recent Facebook “Like” Decision

In an earlier post, I wrote about the NLRB’s most recent social media decision. In that case, the NLRB held that Triple Play Sports Bar and Grille’s termination of two employees for their participation in a profanity-laced...more


NLRB: Facebook “Like” is Protected, Concerted Activity Under the Labor Act

The NLRB recently issued another case on employer social media policies, ruling that clicking Facebook’s “Like” button can constitute “protected, concerted” employee activity under the National Labor Relations Act (NLRA)....more

9/15/2014 - Adverse Employment Action Employer Liability Issues Employment Policies Facebook NLRA NLRB Protected Concerted Activity Social Media Policy

Construction and Procurement Law News - First Quarter 2014

In this Issue: - Federal Circuit’s Metcalf Decision a Big Win for Contractors - Government Defenses of Defective Certification and the Severin Doctrine not a Silver Bullet - Are No-Damage-for-Delay...more

5/6/2014 - CBCA Federal Contractors Federal Procurement Systems HHS Licenses Severin Subcontractors

General Contractor May Be Liable for Subcontractor’s Failure to Assign Work as Required by Project Labor Agreement

In Sheet Metal Workers Int’l Ass’n Local Union No. 27 v. E.P. Donnelly, Inc., the United States Court of Appeals for the Third Circuit (the court supervising federal trial courts in Pennsylvania, Delaware, and New Jersey)...more

5/5/2014 - Construction Defects Contractors Project Labor Agreements Subcontractors

U.S. Citizenship and Immigration Services Issues Newly Revised Form I-9, Mandates Use by All Employers

The U.S. Citizenship and Immigration Services (USCIS) recently issued regulations that require all employers to begin using a newly revised Form I-9 to verify the identity and work authorization eligibility of new employees....more

3/26/2013 - Eligibility Hiring & Firing I-9 USCIS

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