I just returned from the Cornell HR in Hospitality Conference in Las Vegas with my partner Carolyn Richmond. I participated in the Executive Summit and shared ideas with some
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Judicial Hostility to Employment Arbitration Flares up in 9th Circuit
When you draft employment arbitration agreements, it’s not enough to know what the law is. You should also know what the law will be at the time that someone challenges
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Finally Some Good News From the Labor Board
At least some good has come out of the Supreme Court’s finding that President Obama’s recess appointments were invalid in Noel Canning. By virtue of the Supreme Court’s decision,
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NLRB Orders Reinstatement of Employee Who Made Racist Statements
When Cooper Tire & Rubber Company brought in replacement workers during a lockout, picketing strikers shouted a range of obscenities. The NLRB’s tolerance of obscenities in this context is well
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NLRB Continues Protecting the Rights of Pottymouths
Warning: This post contains words that you used to not be able to say on TV.
The NLRB believes that vulgarity in connection with organizing campaigns is A-OK. As reported
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NLRB Says Employer Email Can Be Used for Organizing
In keeping with its clear pro-union agenda, late last year, the NLRB overruled its past precedent and held that employers who grant employees access to their email systems must now
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NLRB Alters Post-Arbitral Deferral Standards
On December 15, 2014, in a split decision along party lines, the National Labor Relations Board (“the Board”) in Babcock & Wilcox Construction Co., Inc., overruled 30 year-old precedent that
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NLRB Finalizes "Quickie Election" Rules
We’ve been expressing concern about the National Labor Relations Board’s efforts to implement “quickie election” rules for over a
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NLRB Increases Employers' Burdens in Responding to Frivolous Information Requests
If you have unionized workers, you know that a union gets to request information that may be relevant to it its functions. This includes information potentially relevant in deciding to
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California Supreme Court Reaffirms Traditional Analysis Of “Joint Employment” for Franchisors
On July 30, we blogged about the recent efforts of the National Labor Relations Board to hold corporate franchisors, such as McDonald’s, liable for the acts of individual franchisees toward
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