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Predictions for 2014, An FMLA Leave Issue, and Walmart Firings

The Workplace Policy Institute has a comprehensive analysis of possible legislative and regulatory changes to employment law in the coming year. While the full article is certainly worth a read, here is a short summary of some of the most important points. Congress is unlikely to pass any major legislation…

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5th Circuit Case Finds Class Action Waiver Enforceable

On December 3, 2013, the 5th Circuit issued an important new decision finding that class action waiver provisions in mandatory arbitration agreements under the Federal Arbitration Act (“FAA”) are enforceable.  However, in the specific case at bar the court found that the agreement in question was unenforceable because it reasonably…

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Third Circuit Invalidates NLRB Recess Appointments; EEOC Pursues Genetic Discrimination Case

First up, the Third Circuit has become the second federal appeals court (following the D.C. Circuit) to rule that President Obama’s recess appointments to the NLRB were invalid, and that therefore some Board actions taken in the wake of those appointments were also invalid for lack of a valid quorum. …

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New NLRB Decision Protects Comments Made on Facebook

Turning again to employment law and social media, here is a look at a recent NLRB decision that held that comments posted on Facebook are protected to the same extent as comments made at the “water cooler.” Littler Mendelson provides an interesting look at the recent case Hispanics United of…

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Thoughts on Union Developments

The past few weeks have been extremely newsworthy in regards to unions, strikes, and the relationship between organized labor and the public sector. I thought it would be useful to post some summaries of the more interesting developments, as well as some of the takeaways for employers and employees. Probably…

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Employment Law Roundup

Here are some quick summaries of a few interesting employment law developments from the past week. The Employer Handbook has an interesting look at a case where a company’s HR manager admitted that the company fired an employee as a form of FMLA retaliation. The employee was scheduled for a month of FMLA…

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NLRB Decision Protects Ability of Employees to Use Social Media at Work

A recent NLRB decision struck down a clause in an employer’s social media policy that prevented employees from using social media on company time. In the case, the employee challenged two provisions of the company’s employee handbook. The first, which we have seen before, prohibited employees from making disparaging comments…

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Interesting Pre-Thanksgiving Links

With the holiday coming up, I wanted to write a quick post linking to some interesting (and in one case bizarre) labor and employment law stories. I hope everyone has a safe and happy Thanksgiving. The Shirazi Law Firm has an interesting post about how Magic Johnson is currently being…

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