Robert Nichols

Robert Nichols

Bracewell & Giuliani LLP

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Latest Publications


NLRB Broadly Expands Employee Rights to Use Company Email for Union Organizing and Other Protected Activity

The National Labor Relations Board (NLRB) has found that employees have the right, during “nonworking time,” to use company email systems for union organizing and other activity protected under the National Labor Relations...more

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

OSHA Broadly Expands Injury Reporting Requirement

Under a new rule issued by OSHA last week, employers will be required to report to the agency any workplace incident resulting in the in-patient hospitalization of even one employee. This report must be made within 24 hours...more

9/18/2014 - Employer Liability Issues OSHA Reporting Requirements Workplace Injury

California Supreme Court "Green Lights" Class Action Waivers in Arbitration Agreements

On June 23, the California Supreme Court in Iskanian v. CLS Transportation, a case involving state wage and hour claims, recognized that the U.S. Supreme Court's 2011 Concepcion decision effectively invalidated the California...more

7/1/2014 - Arbitration Class Action Class Action Arbitration Waivers CLS Transportation Employer Liability Issues Employment Contract Federal Arbitration Act Iskanian Mandatory Arbitration Clauses PAGA Trucking Industry Wage and Hour

Fifth Circuit Upholds Arbitration Agreement Prohibiting Employee Collective or Class Action Claims

On Tuesday, the U.S. Court of Appeals for the Fifth Circuit joined the Second, Eighth and Ninth Circuits in upholding a class action waiver in an employment arbitration agreement. This is an important victory for employers in...more

12/9/2013 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Collective Actions D.R. Horton Federal Arbitration Act NLRA NLRB

Federal Court Rejects ADA Suit Over Random Alcohol Testing of Probationary Plant Employees

A federal judge in Pennsylvania has dismissed an Equal Employment Opportunity Commission challenge to U.S. Steel Corporation's random alcohol testing of probationary employees at one of the company's most safety sensitive...more

2/26/2013 - ADA Alcohol Testing Business Necessity Disability Discrimination EEOC Medical Examinations Probationary Employees Safety Precautions

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