Oral Communications

News & Analysis as of

Solicitation and Distribution Rules and Their Enforcement Under Attack: NLRB Continues to Narrow Employer Limitations on Workplace...

The National Labor Relations Act’s limitations on employer no-solicitation/no-distribution policies have been established for decades, right? Most labor relations practitioners and Human Resources specialists are familiar...more

Adapt Your Communication to Your Audience

Everyone utilizes all three styles of communication—visual, auditory and kinesthetic. Yet more often than not, one communication style is dominant. Repeated studies have found that the general US population is 70% visual, 20%...more

Oral COBRA Notice OK?

In a recent District Court opinion, a judge dismissed a COBRA claim against an employer based on the oral notice the employer gave a former employee of her right to continue coverage under COBRA. The court said that the...more

Does the FDCPA Permit a Consumer to Dispute the Validity of a Debt Orally?

On January 31, 2014, the United States Court of Appeals for the Fourth Circuit addressed the issue of whether a debt collection notice that advised consumers that they could only dispute the validity of their debt in writing...more

CFTC Extends Relief from Oral Communication Recording Requirement

The Commodity Futures Trading Commission’s Division of Swap Dealer and Intermediary Oversight and the Division of Market Oversight issued No-Action Letter No. 13-77, which extends the oral communications recording compliance...more

No Anti-SLAPP Protection For Statements To Coworkers

In Cho v. Chang, the California Court of Appeal, Second Appellate District held that an employee’s statements to coworkers about alleged discrimination were not protected activities triggering special protection under...more

Business Practice Pointer: Avoiding Verbal Agreements

Many of the business disputes our clients face are the result of a misunderstanding or miscommunication concerning the parties’ respective obligations under a given contract. While many startups or entrepreneurs may not...more

Communicating With the Workforce — A Very Good Idea, But Proceed With Caution

Most employers communicate with their workforce about a wide variety of employment related issues — personnel policies, wage and benefit issues, organizational changes, etc. These communications — whether verbal or in writing...more

CFTC Approves Final Rule Requiring Recording of Oral Communications

On December 17, 2012, the Commodity Futures Trading Commission (CFTC) adopted final rules amending CFTC Regulations 1.31 and 1.35. The final rules require certain market participants to record oral communications that lead to...more

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