Marcus Brown

Marcus Brown

Winstead PC

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Latest Publications


Change in Rules Related to Employee Communications and Use of Employer’s E-mail

Since its 2007 Register Guard decision, the National Labor Relations Board (“NLRB”) has taken the position that employees have no statutory right to use company email for Section 7 purposes (e.g., email communications...more

12/29/2014 - Email Policies FLSA NLRB Protected Concerted Activity Purple Communications Unions

National Labor Relations Board Issues Final Rules for Ambush Elections

The National Labor Relations Board (NLRB) has adopted a final rule for what has become known as the “ambush election” rules, which will effectively shorten the time to 10-14 days in which a union election can be held. The...more

12/26/2014 - Ambush Election Rules NLRB Union Elections Unions

NLRB’s Decision Allowing Northwestern University Football Players to Unionize May Have Significant, and Perhaps Unintended,...

On March 26, 2014, Region 13 of the National Labor Relations Board (Chicago) held that Northwestern University football players are employees of the university and have the right to unionize. Relying on the broad common law...more

3/28/2014 - College Athletes NLRA NLRB Unions

New Texas Statute Limits Employer Liability for Negligent Hiring and Negligent Supervision…Or Does It?

When it comes to conducting criminal background checks, employers have long been faced with a double-edged sword. If an employer fails to use criminal background checks to screen job applicants, the employer could face a...more

7/1/2013 - Criminal Background Checks EEOC Hiring & Firing Job Applicants Negligence New Legislation Race Discrimination

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