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NLRB Defers Ruling on Legality of Employer Email Policies

Kollman & Saucier
Kollman & Saucier
09/30/2014
Agency Activity, Labor Law
For the past six months, legal prognosticators (myself included) have told readers that when the NLRB issues a ruling in the Purple Communications case, we'd have a new standard for what restrictions, if any, employers may place on employee use of company email systems.  On September 24, 2014, the Board issued its ruling.  And the answer is ..... "check back with us later (probably after the November election)." Purple Communications provides sign...
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Congress Considering Bills for a More “Transparent” EEOC

Darrell VanDeusen
Darrell VanDeusen
09/23/2014
Agency Activity, Employment Discrimination
Any lawyer who has defended an employer sued by the EEOC knows that sometimes – not always – it can be a real challenge, facing an unrelenting assault by a government agency that seems bent on destruction. Sure, you might run into a private practice plaintiff’s lawyer who is uncivil, who is unwilling to discuss reasonable settlement terms, and whose mission in life is to ratchet up attorneys’ fees and/or drive the employer into bankruptcy....
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Wellness Plans - No Good Deed Goes Unpunished?

Kollman & Saucier
Kollman & Saucier
09/05/2014
Agency Activity, Wellness Programs
Wellness plans have been around for quite some time, and in varying forms.  Employers are, more often and with regularity, implementing some category of wellness plan for multiple reasons: healthier workforce, better attendance and productivity, higher morale, lower health insurance costs, and the like. Indeed, the Affordable Care Act permits employers to offer financial incentives to employees to encourage participation in these programs. The...
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DOL Issues Guidance Concerning Gender Identity and Transgender Status

Kollman & Saucier
Kollman & Saucier
08/25/2014
Agency Activity, Employment Discrimination
On August 19, 2014, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued guidance concerning enforcement actions for gender or transgender discrimination. This guidance follows up on President Obama’s Executive Order 13672, which added gender identity and sexual orientation as protected categories in federal employment and contracting. The DOL guidance makes clear that the OFCCP – the agency charged with...
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Mercedes Denied the Luxury of Overly Broad No Solicitation Rule

Kollman & Saucier
Kollman & Saucier
07/28/2014
Agency Activity, Labor Law
On July 24, 2014, a National Labor Relations Board ("NLRB")  Administrative Law Judge  ruled that Mercedes-Benz violated the National Labor Relations Act ("NLRA") by prohibiting distribution of literature in "team centers" inside its Vance, Alabama plant.  Mercedes-Benz U.S. Int'l, Inc., No. 10-CA-112406.  The ALJ held that because the "team centers" were used for both work purposes and as employee break and meal rooms, the car maker could not...
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NLRB General Counsel Offers Input on Practical Effects of Noel Canning

Kollman & Saucier
Kollman & Saucier
07/11/2014
Agency Activity, Supreme Court Decisions
As discussed recently, the Supreme Court’s decision in NLRB v. Noel Canning is expected to have significant ramifications for the NLRB (the “Board”) and the parties who previously appeared before the Board in 2012 and the first half of 2013, when the unconstitutional recess appointments of Members Block, Flynn and Griffin continued to leave the NLRB without a quorum.  Richard Griffin, one of the three recess appointees who was since confirmed...
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Supreme Court Issues Unanimous Decision, "Canning" Obama's Recess NLRB Appointments

Kollman & Saucier
Kollman & Saucier
06/27/2014
Agency Activity, Labor Law, Supreme Court Decisions
As part of its end of term productivity, on Thursday, June 26, 2014, the Supreme Court issued its much anticipated decision in NLRB v. Noel Canning,  regarding President Obama’s authority to grant recess appointments to fill vacant Board positions and avoid the Senate confirmation process of those Board members. The Noel Canning decision specifically involved President Obama’s recess appointments of Sharon Block, Terence Flynn, and Richard...
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DOL Takes Action So That FMLA Applies To Same-Sex Spouses Everywhere

Kollman & Saucier
Kollman & Saucier
06/24/2014
Agency Activity, FMLA
The Department of Labor announced on June 20, 2014, that it would be issuing a Notice of Proposed Rulemaking (NPRM) confirming that employees are eligible for leave to care for a same-sex spouse under the Family and Medical Leave Act (FMLA) regardless of their state of residence.  Secretary Tom Perez announced that the proposed revisions would ensure that the FMLA applied to all families equally, permitting same sex marriage partners to fully...
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Hooters “Don’t Disrespect Patrons” Rule Violates NLRA

Darrell VanDeusen
Darrell VanDeusen
05/23/2014
Agency Activity, Labor Law, Social Media
A NLRB ALJ has ruled that a Hooters Handbook’s Code of Conduct that listed a variety of “don’ts” – including “don’t disrespect patrons” – violates employee rights under the National Labor Relations Act. Hoot Winc, LLC, NLRB ALJ No. 31-CA-104872 (May 19, 2014). Yes, you read that right. There’s no question that the current NLRB is more employee friendly than it has been in a long time. There are a number of recent decisions from...
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NLRB Strikes Down Hospital Rule Against Workplace "Negativity"

Kollman & Saucier
Kollman & Saucier
04/03/2014
Agency Activity, Labor Law, Social Media
I remember my fourth grade teacher, Mrs. Wilbourne, telling us a very important rule: "if you don't have anything nice to say about someone, don't say anything at all."  Well, its a good thing the current NLRB was not around back then, because it looks like they would have had a problem with that rule. In Hill and Dales General Hospital, 360 NLRB No. 70 (April 1, 2014), a hospital decided to change its culture, which was plagued by "back-biting and...
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