Bill on Bankruptcy: Stockton May Win the Battle, Lose the War
Corporate Law Report: Global HR, Textual Harassment, Working Interviews, and Other Workplace Issues
NHL's Lawyer: Lockouts Are 'Necessary' Weapons
The “just cause” standard has long been a cornerstone of traditional labor law (under many collective bargaining agreements, employees generally cannot be discharged except with “just cause”). However, the standard also has...more
What does “at-will” employment mean: You might be inclined to think that it means that employees serve at the will of the master, or at the master’s pleasure. While this historically makes sense, “at-will” employment is...more
In This Issue: - Ohio Supreme Court Reverses Decision on Surviving Merger Entity’s Ability to Enforce Noncompetition Agreements - “Sweet” Decision for California Employers: Court Approves Time Rounding in Case...more
Introduction - Wow, 2012 was quite the year for the National Labor Relations Board (“Board”)! Last year, we discussed the Board’s agenda, which at the time we described as aggressive, but with the benefit of hindsight,...more
In This Issue: *FEATURE ARTICLES - New Pregnancy and Disability Regulations for California Employers - Washington Federal Court Declines to Uphold Broad Non-compete Restrictions Against California...more
The election is over, so now what? Elections have consequences, and the consequence of this election for employers' employment policies is breathtaking. Have an arbitration policy? It is likely unenforceable. Rules protecting...more
My article entitled "NLRB eyes non union workplaces" discusses the NLRB's recent intrusion into non union workplaces. The NLRB is already limiting what employers can say in their social media policies. Now it is attempting to...more
In This Issue: - NLRB Continues To Set Sights On Healthcare Employers By Jim Kurek (Cleveland): The National Labor Relations Board (NLRB) has continued its aggressive attack on employers in the healthcare...more
The National Labor Relations Board (NLRB) has continued its aggressive attack on employers in the healthcare industry and nonunion employers generally. With a membership majority that is widely recognized as being pro-union,...more
The Board’s excruciatingly close scrutiny of employer policies continues as the agency looks for opportunities to expand its juridiction by rooting out all evil lurking in handbooks and other written employment policies....more
Advice memoranda describe limits of potential challenges to at-will employment policies under the NLRA. On October 31, the National Labor Relations Board's (NLRB's or Board's) Division of Advice issued two memoranda...more
The NLRB Office of General Counsel issues refreshing (surprising? relieving?) advice memoranda backing off the position that any at-will disclaimer violates the NLRA, and stating that it is willing to evaluate each on a...more
Between the summer of 2011 and the spring of 2012, the Acting General Counsel of the National Labor Relations Board (NLRB), Lafe Solomon, published three Advice Memos that expressed his views on the application of the...more
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