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“Smile, Though Your Heart is Aching": Great Lyric . . . But as a Workplace Policy? Employers Might Be Left Frowning

Recently the news media reported on a Trader Joe’s employee in New York City who was supposedly fired for not smiling enough. The story behind the glib headlines is that the employee, Thomas Nagle, filed an unfair labor...more

Could the NLRB Make it Easier for Unions to Access Employers’ Financial Records?

Many practitioners at one time or another have been frustrated by the lack of clear and consistent guidance from the National Labor Relations Board (“NLRB” or the “Board”) regarding union requests for employer financial...more

NLRB Strikes Down Employer Veto of Combined Leased and Regular Employee Bargaining Units: What Should Employers Do Now?

One year after the National Labor Relations Board’s (“NLRB” or the “Board”) major expansion of its joint employer standard in Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (2015) (“BFI”), the NLRB has...more

Unions In The Digital Newsroom – Everything Old Is New Again

A recent string of successful organizing drives at several prominent digital news media outlets calls into question all those confident predictions about the inevitable demise of unionism in the information-age economy. ...more

Off-duty Access for Employees May Open the Door to Some Other Unexpected Visitors

Employers who maintain lawful policies prohibiting employees from accessing the employer’s facilities when they are off-duty must still be careful to avoid a charge of discriminatory application of those policies -- and they...more

Want to keep your internal investigations confidential? There may yet be hope.

In a recent blog post, we discussed the heavy restrictions the National Labor Relations Board (the “NLRB” or the “Board”) has placed on company policies that direct employees who participate in internal investigations to...more

Think you can keep your internal investigations confidential? Think again.

Many employers have rules or policies directing employees who are involved in a workplace investigation to keep their conversations with investigators confidential and to refrain from discussing the matter with colleagues...more

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