[vc_row][vc_column][vc_column_text]This morning, the U.S. Supreme Court issued its decision in Noel Canning (NLRB v. Noel Canning, et al., 573 U.S. ___ (2014)) affirming the U.S. Court of Appeals for the District of Columbia Circuit’s decision that members of the National Labor Relations Board (“NLRB”) were inappropriately appointed by President Obama. In Noel Canning, the NLRB...Read More

Recently, the Southern District of Illinois had occasion to address what are becoming familiar requests for production of parties’ Facebook pages.  See Stallings v. City of Johnston City, 2014 U.S. Dist. LEXIS 68566 (S.D. Ill. 2014).  The dispute underscores the importance of making sure you and your attorney understand the types of available evidence on...Read More

[vc_row][vc_column][vc_column_text]The National Labor Relations Board’s deadline to submit briefs in Purple Communications, Inc. is June 16, 2014, signaling the Board’s decision on whether employers must permit employees to use workplace email for purposes of union organization may not be far away. In Register Guard, a decision issued under the Bush administration in 2007, the Board...Read More

Many employers have policies that prohibit employees from using the company email system for purposes that are not work related. In 2007, in a case called Register Guard, the National Labor Relations Board (“NLRB” or “the Board”) considered a challenge to such a policy on grounds that such a prohibition amounted to an infringement of the...Read More

If you are an employer who purchases background checks for employment purposes, then a new Technical Assistance Document (TAD) issued on March 10, 2014, is a must-read for you.  The Equal Employment Opportunity Commission (EEOC) and Federal Trade Commission (FTC) joined together to issue informal guidance regarding the legal pitfalls employers face when making personnel...Read More

[vc_row][vc_column][vc_column_text] The U.S. District Court for the Middle District of Florida recently denied a National Labor Relations Board (NLRB) Regional Director’s petition for an injunction against a national transportation company because the NLRB did not demonstrate that the alleged unfair labor practices caused employee support for the Union to decline to the point where awaiting...Read More

For employers in the Seventh Circuit, the battle against FMLA abuse just got a little tougher. In Ballard v. Chicago Park District, the Seventh Circuit adopted an extremely broad reading of what it means to take leave to care for the employee’s covered family member. Specifically, an employee’s vacation to Las Vegas with her ill...Read More

The NLRB recently announced that it will not seek Supreme Court review of two U.S. Court of Appeals decisions invalidating the NLRB’s Notice Posting Rule. The Notice Posting Rule would have required most private sector employers to post a notice in a prominent location explaining to workers their rights to join a union and bargain collectively....Read More

[vc_row][vc_column][vc_column_text]The explosion in social media use over the last decade has catalogued a treasure trove of easily accessible personal information online.  As it relates to screening job applicants, this information can sometimes contain harmless details regarding individuals, such as favorite sports teams, movies, or music, and otherwise useful information, such as confirmation of education and...Read More

Many employers do not realize that paying an employee a fixed salary does not necessarily mean the employee is exempt from overtime protection under state and federal laws. Being paid a salary is not the same as being exempt. Exempt employees are not covered by, or are “exempt” from, overtime protection. When exempt employees work more than...Read More