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Recent NLRB Ruling Demonstrates How Profanity And Threats Can Be Protected Activity
April 23, 2020
In a recent decision by the National Labor Relations Board we are reminded that protected activity is not always polite and that the National Labor Relations Act protects such conduct unless it is “sufficiently egregious or opprobrious to remove it from the protection of the Act.”
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NLRB Emphasizes Employee Free Choice in Additional Amendments to “Quickie Election” Rules
April 20, 2020
On April 1, 2020, the National Labor Relations Board finalized a series of highly anticipated additional amendments to its union election procedures.
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DOL Issues 3 New Opinion Letters Regarding Excludability of Payments from the Regular Rate
April 9, 2020
On March 26, 2020, the U.S. Department of Labor (DOL) issued three new Opinion Letters, FLSA2020-3, FLSA2020-4, and FLSA2020-5 which all address various payments that may be excluded from the regular rate.
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Supreme Court Addresses Standards Of Proof In Discrimination Cases
April 8, 2020
In the midst of the COVID-19 pandemic, the U.S. Supreme Court has continued to issue opinions in pending cases. Two recent decisions are particularly relevant to employers.
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DOL Contradicts Itself on Use of Employer-Provided Leave
April 8, 2020
The problem with DOL’s revised Q&A is that it contradicts DOL’s Temporary Rules – which DOL issued at the same time.
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U.S. Supreme Court: Mixed Motive Framework Rejected as a way to Establish Causation in §1981 Claims
April 2, 2020
On March 23, 2020, the Supreme Court, in a unanimous decision, held that plaintiffs who bring actions under §1981 of the Civil Rights Act of 1866 bear the burden of showing that race was a “but-for” cause of their injury—that is, that their injury would not have occurred but for their race.
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NLRB to Lift Suspension on Board-Conducted Elections
April 1, 2020
Today, the NLRB announced it will not extend its temporary suspension of Board-conducted elections, and instead will resume conducting elections beginning Monday, April 6, 2020.
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On Your Radar: Key employment issues across Europe and beyond
March 30, 2020
Our On your radar newsletter will give you a digest of news and legislative updates from the HR world.
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Supreme Court Holds that Claims for Intentional Discrimination Under Section 1981 Must Meet “But For” Causation Test
March 26, 2020
In Comcast Corp. v. National Association of African American-Owed Media, et al an African-American owned television network operator sued Comcast because Comcast refused to enter into a contract to carry the operator’s networks.
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California Supreme Court Rules That Employees Who Have Settled Their Individual Wage And Hour Claims May Still Pursue Representative PAGA Claims As “Aggrieved Employees.”
March 26, 2020
In an issue of first impression, and an important loss for employers, the California Supreme Court recently decided that employees still can pursue claims under the California Labor Code Private Attorneys General Act of 2004 ("PAGA") even if they settle and dismiss their individual claims for California Labor Code violations.
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Extraordinary Employee Misconduct: FMLA Does Not Cover Travel to and from an NFL Game
March 12, 2020
This installment in our occasional series of extremely poor judgment by employees illustrates the point that social media has led to the downfall of many an FMLA abuser.
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NLRB Issues Final Joint Employer Rule, Making Such Findings Less Likely
February 25, 2020
The National Labor Relations Board announced a Final Rule on joint-employer status under the National Labor Relations Act that retreats from the broad expansion of the joint employment principle in recent years and returns to its prior, more restrictive standard, which it describes as “carefully balanced.”
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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