In Pennsylvania, a non-compete agreement (NCA) must be supported by legal "consideration" in order to be enforceable....more
As we discussed with participants in our recent Labor and Employment Law Seminar, despite recent setbacks, the National Labor Relations Board continues to issue decisions that are concerning for employers....more
In a recent decision involving employee social media activity, the National Labor Relations Board held that a high-end clothing boutique in San Francisco violated the National Labor Relations Act when it terminated employees...more
For those employers who employ “tipped employees,” i.e., employees who generally receive $30 or more per week in tips, a tip pooling arrangement may have some appeal. After all, such arrangements allow for an equitable...more
In This Issue:
Employee Tip Pools: Dive In With Caution; Ahhh…Spring; and The Ska/Duclaw Trademark Dispute Over Euphoria, Trademark Lessons for the Craft Brewer
Excerpt from Employee Tip Pools: Dive In With...more
The Department of Labor (DOL) routinely investigates and audits employers to ensure compliance with a variety of important labor and employment laws. Historically, wage and hour (overtime) compliance under the Fair Labor...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...more
2/20/2013
/ Arbitration Agreements ,
At-Will Employment ,
Back Pay ,
Banner Estrella Medical Center ,
Bethlehem Steel ,
Canning v NLRB ,
Class Action Arbitration Waivers ,
Confidential Information ,
Confidentiality Agreements ,
D.R. Horton ,
D.R. Horton v NLRB ,
Discipline ,
Dues Checkoff ,
Facebook ,
Hispanics United of Buffalo ,
Internal Investigations ,
Karl Knauz Motors ,
Latino Express ,
New Process Steel ,
NLRA ,
NLRB ,
Piedmont Gardens ,
Political Contributions ,
Posting Requirements ,
Protected Concerted Activity ,
Quickie Election Rules ,
Recess Appointments ,
Section 7 ,
Social Media ,
Social Media Policy ,
Union Dues ,
Unions ,
Witness Statements
As you may have heard, the District of Columbia Circuit Court of Appeals recently sent shockwaves through the labor relations world by holding that President Obama's "recess" appointments to the National Labor Relations Board...more
2/12/2013
/ Arbitration ,
Barack Obama ,
Canning v NLRB ,
Class Action ,
Class Action Arbitration Waivers ,
D.R. Horton ,
D.R. Horton v NLRB ,
Employment Contract ,
HealthBridge Management v. Kreisberg ,
Injunctions ,
Mandatory Arbitration Clauses ,
NLRA ,
NLRB ,
Pro Forma Sessions ,
Recess Appointments
On September 20, 2011, we reported on Hispanics United of Buffalo, Inc., the first National Labor Relations Board Administrative Law Judge decision examining an employee's discharge for social media activity. Recently, the...more
We have been getting a lot of questions from employers about how employees' legal use of marijuana impacts an employer's ability to enforce its drug testing policy. Most of these questions were generated by the recent actions...more