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Searching Content indexed under Employment Litigation/ Tribunals by McGuireWoods LLP ordered by Published Date Descending.
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1
NLRB's Coffin Corner Punt Pins Private Universities' Sports Programs In Perilous Spot
The NLRB's Office of the General Counsel declined to issue a complaint against Northwestern University for certain football team rules despite finding those rules violative of the NLRA.
United States
4 Nov 2016
2
Corporations Can Risk Privilege Protection By Relying Too Heavily On Legal Advice When Firing Employees
All corporate lawyers recognize that affirmatively pleading "advice of counsel" as an employment case defense normally waives privilege protection, but the risks can be more subtle.
United States
4 Jan 2016
3
Bon-Ton Settlement Demonstrates Importance Of Company Domestic Violence Policies
After several days, she was told by the manager that she could not return to work until she received a protective order against her husband.
United States
7 Dec 2015
4
NLRB Subpoenas: When Defective Service Is Still Effective Service
When the employer refused to comply with the improperly served subpoena, the NLRB and the union filed an action in federal court to enforce the subpoena.
United States
24 Nov 2015
5
NAM Files Amicus Brief Challenging ALJ Decision Reinstating Racist Employee
The case arose when the parties' collective bargaining agreement expired and the employer locked out its employees and began using temporary replacements. Many of those temporary replacements were African American.
United States
24 Nov 2015
6
Employer Had No Duty To Bargain Over Use Of GPS Tracking Device
The NLRB's Division of Advice recommended dismissal of an unfair labor practice charge alleging that an employer violated Section 8(a)(5) of the National Labor Relations Act by using a GPS tracking device...
United States
11 Nov 2015
7
NLRB Regional Director Dismisses Petition By Union Seeking To Represent University Student Teaching And Research Assistants
On October 30, 2015, the Regional Director for Region 2 of the National Labor Relations Board dismissed a petition filed by an organizing committee of the United Auto Workers...
United States
10 Nov 2015
8
Photo Identification Required: Administrative Law Judge Finds Union's Rule On Resignations Facially Lawful
On October 26, 2015, Administrative Law Judge David I. Goldman ("ALJ Goldman") held that a union did not violate federal labor law...
United States
10 Nov 2015
9
Fifth Circuit Reverses Board Decision On Lawfulness Of Arbitration Agreements Once Again
In Murphy Oil USA, Inc. v. National Labor Relations Board, a three-judge panel of the United States Court of Appeals for the Fifth Circuit again held, contrary to the NLRB...
United States
4 Nov 2015
10
Never Be A Beast Of Burden: Amended Rule 26(b) And Best Practices For Employment Litigators
The new Rule 26(b) expressly makes "proportionality" a limit on the scope of discovery.
United States
4 Nov 2015
11
Another Facebook Victory For Employees—Second Circuit Concludes Facebook "Likes" May Be Protected By Labor Law
Regular readers of this blog are well-aware that employee social media activity has been and continues to be a hot-button topic for the National Labor Relations Board.
United States
29 Oct 2015
12
NLRB Hearing Officer And Regional Director Impose More Burdensome Election Eligibility List Standards
Under the new expedited election rules implemented by the Board to facilitate union organizing, within two days of the scheduling of an election, the employer must provide the petitioning union...
United States
27 Oct 2015
13
Democrats Introduce Bill To Increase Dramatically NLRA Penalties Against Employers
On Thursday, September 17, 2015, Senator Patty Murray (D-WA) and Representative Bobby Scott (D-WA) introduced the Workplace Action for a Growing Economy (WAGE) Act (S. 2042).
United States
28 Sep 2015
14
National Labor Relations Board Declines To Order Make-Whole Remedy In Twenty Year Old Dues Check-Off Dispute
On September 10, 2015, the National Labor Relations Board (the "Board") ended a twenty (20) year old dispute over union dues deductions.
United States
22 Sep 2015
15
Shutting The Stable Door − Protecting Business Assets In An Age Of Social Media
It used to be so simple. Business contacts and useful client information were kept on an employer's IT system, belonged to the employer, and could not be copied or taken away when the employee left.
UK
21 Sep 2015
16
An Open Secret: Electronic Media And The Limits Of Privacy
Information technology and social media have transformed the workplace and the means by which people communicate with the rest of the world in a positive and exciting way.
UK
21 Sep 2015
17
NLRB Greatly Expands "Joint Employer" Doctrine
As we previously reported on Aug. 27 and 28 (on our blog Labor Relations Today), the National Labor Relations Board recently issued its ruling in Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (Aug. 27, 2015).
United States
16 Sep 2015
18
Upending A Fifty-Three Year Old Precedent, National Labor Relations Board Holds That An Employer's Obligation To Deduct Union Dues From Employee Paychecks Continues After The Expiration Of A Collective Bargaining Agreement
On August 27, 2015, the National Labor Relations Board (the "Board") held that an employer's obligation to deduct union dues from employee paychecks continues after the expiration of a collective bargaining agreement.
United States
8 Sep 2015
19
Five Practical Issues Browning-Ferris Creates For Employers
National Labor Relations Board's decision in Browning-Ferris Industries of California, Inc., will have significant and far-reaching effects as it greatly expands the scope of relationships in which the Board can and will find entities to be joint employers.
United States
4 Sep 2015
20
NLRB Rewrites Decades-Old Joint Employer Test
Today the National Labor Relations Board issued its long-awaited ruling in Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (Aug. 27, 2015)...
United States
3 Sep 2015
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