Articles and Blogs

The NLRB Offers Some Advice The NLRB Acting General Counsel Lafe Solomon today (October 31, 2012) released an analysis of at-will employment clauses in two employee handbooks, finding that both are lawful under the National Labor Relations Act.  This analysis, contained in two separate Advice Memoranda, will help guide employers in determining whether their... READ MORE

What’s Your Password? Social networking and social media  have certainly been in the HR headlines recently. The NLRB’s aggressive approach to these issues has given private employers headaches in trying to figure out what they can require of their employees when it comes to social media.  Now some states are getting involved.  And this may be the start... READ MORE

NLRB Adopts ALJ Decision Finding Employer “Courtesy” Policy to Be Unlawful Last Fall, an Administrative Law Judge for the NLRB issued one of the first opinions addressing social media in the workplace.  The ALJ’s decision addressed two separate social media issues in what you may recall as the “hot dog cart” case or the... READ MORE

Who Is a Supervisor? – The NLRB Gets It Wrong If a person is a “supervisor” then that person is considered management, and under the NLRA that supervisor cannot be part of a union bargaining unit.  Deciding who is a supervisor can have significant consequences for employers – especially when it comes to union... READ MORE

President Barack Obama recently signed legislation that extended several immigration programs, including the E-Verify service and the Conrad State 30 J-1 Visa Waiver (“Conrad 30”) Program. This recent legislation does not change the E-Verify service or the Conrad 30 Program requirements—it merely extends the programs, both of which were originally set to expire on... READ MORE

Former Employee with Medical Marijuana Card Claims Freedom from Disciplinary Action. The Michigan Medical Marihuana Act (“MMMA”), enacted by referendum, permits an individual with a qualifying medical condition to use or possess a limited amount of marijuana for medicinal purposes if the patient holds a valid registration card obtained after proper physician certification. READ MORE

The answer to that question now is YES, so long as that person is “qualified” for the job and the transfer isn’t an “undue hardship.” A significant change of course on competition for vacant positions as an ADA accommodation Reversing twelve years of decisions that allowed an employer to pick the best applicant for a... READ MORE

Unemployment compensation and “Just Cause” for discharge – a really good decision for Indiana employers Today, August 31, 2012, the Indiana Court of Appeals ruled in favor of an employer who had discharged an employee for poor performance.  The Indiana Department of Workforce Development had previously awarded the employee unemployment compensation because the employer had failed... READ MORE

Automatic meal period deductions – A common practice Some good news for employers.  In an important victory for employers, the U.S. Court of Appeals for the Sixth Circuit, in Frye v. Baptist Memorial Hospital, recently affirmed the decision of the Western District of Tennessee to decertify a collective action brought under the FLSA challenging... READ MORE

A common scenario – Extending health insurance coverage It is not uncommon for employers to provide continued health plan coverage for employees on non-FMLA leaves or in connection with severance packages.  However, those employers should be certain that the terms of their group health plan provide for such coverage, otherwise the employer could be... READ MORE