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Forward Progress
July 28, 2020
Last week, the National Labor Relations Board changed its standard for determining whether employees who make abusive or offensive statements while engaging in activity otherwise protected under the National Labor Relations Act may be lawfully disciplined or discharged by their employer.
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NLRB Gives Employers Greater Leeway to Discipline Employees for Offensive Speech
July 22, 2020
On July 21, the National Labor Relations Board (NLRB) issued its decision in General Motors, giving employers more latitude to issue discipline for employees’ racist, sexist, threatening, or other offensive speech in the context of strikes and union organizing.
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Once a Construction Employee, Not Always a Construction Employee? Ontario Court Finds Yet Another Way to Invalidate a Termination Clause
July 20, 2020
A recent and troubling decision from the Ontario Superior Court of Justice illustrates that the courts are applying increasing scrutiny to employment contracts which purport to limit employee entitlement upon termination.
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SCOTUS Gives Religious Exemptions Wide Berth in Two Key Employment Rulings
July 9, 2020
On June 8th, the U.S. Supreme Court issued two 7-2 decisions involving religious exemptions to federal employment and benefits laws.
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No, Your CEO Did Not Really File For Unemployment Benefits
July 9, 2020
According to the U.S. Federal Trade Commission, scammers are filing claims for benefits using the names and personal information of people who are not, in fact, unemployed.
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Washington Changes To Overtime Exemptions Go Into Effect July 1, 2020
July 1, 2020
Changes to Washington State Department of Labor and Industry rules relating to overtime exemptions took effect on July 1, 2020.
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Is It OK to Skip Background Checks in a Tight Labor Market?
June 30, 2020
We get that it is hard to find good help. And we understand that the success of your organization depends on having the people to do what needs to be done when it needs to be done. But there are so many things that can go wrong when short cuts are taken in your hiring process.
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Developments in the NLRB’s Revised Representation Election Rule – Where Is It Now?
June 30, 2020
Back on June 1, 2020, the National Labor Relations Board implemented many of its proposed changes to the rule governing representation elections, in which employees vote on whether they wish to be represented by a union.
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“Transfer” Following Job Elimination Triggered Non-Compete Countdown
June 30, 2020
A recent case warns employers that there may be non-compete implications when employees are transferred to a new job after a position elimination – an issue of particular relevance in the current economic climate.
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NLRB Permits Employers to Search Company Devices and Employee Property, Including Cars
June 30, 2020
In Verizon Wireless, the National Labor Relations Board held that employer rules authorizing the monitoring of company electronic devices and searches of employee property, including cars, were lawful.
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DOL Issues Five New Opinion Letters
June 26, 2020
On June 25, 2020, the US Department of Labor’s Wage and Hour Division (WHD) issued five new opinion letters.
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Race and the Workplace
June 25, 2020
We by no means claim to be social scientists with a blueprint to address the scope of racial disparities. That said, we suggest employers consider the following.
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Tweets Follow

Nov 16

U.S. DOL Issues Opinion Letters Regarding Compensation for Travel Time and Voluntary Training https://t.co/FKg3vkD0Ia

Nov 13

New @shrm Court Report: Discrimination Jury Verdict Upheld https://t.co/JikyMA8Wkz

Nov 12

Illinois: What To Do About Fraudulent Unemployment Claims https://t.co/vkqBIvrbfs