Posts tagged Alternative Dispute Resolution.

Me and my nerdy mind.

Gretchen Carlson.flickrCC.Disney-ABCNews
"Uh-oh."

It's too soon for me to have an opinion about who's right and who's wrong in the Gretchen Carlson-Roger Ailes sexual harassment case. Some very disturbing allegations have been made about Mr. Ailes' (long before Fox) having a "casting couch" for prospective female talent. If that's true, then it's disgusting.

On the other hand, a number of current ...

If you want your arbitration agreement to be enforceable, don't give it to your employee to sign while she is drunk and practically naked. At least, not in California.

By David Phippen of our Metro D.C. Office.

While the year is still young, here are 15 New Year's resolutions that employers may want to make:

1. Make sure your "independent contractors" are really independent contractors. "Independent contractors" are under scrutiny by the Internal Revenue Service, the U.S. Department of Labor, the National Labor Relations Board, state and local agencies, plaintiffs' lawyers, and union organizers. A misclassification can cost you back taxes, back pay (including overtime), and back benefits, as well as penalties and interest. 

2. Review your email policies. The NLRB recently found that employees generally have a right to use employer email systems during non-working time in support of union organizing and concerted activity. The Board's decision means that many employer email use policies, as currently drafted, would probably be found to violate the National Labor Relations Act if an unfair labor practice charge were filed or a union tried to organize employees and argued that the employer's email policy interfered with the organizing efforts. In light of the new "quickie election" rule that the NLRB issued last month, both union and non-union employers would be well advised to review their email policies and revise as needed. (The "quickie election" rule is scheduled to take effect on April 14, but the U.S. Chamber of Commerce and other employer groups, including the Society for Human Resources Management, filed suit on Monday seeking to block the rule.)

It's not too late to register for our webinar on the NLRB's new rules on "quickie elections" and employee email use. The webinar, featuring labor attorneys Tim Davis, Jonathan Martin, and Dan Murphy, is from noon to 1 p.m. Eastern tomorrow (January 8). Be there, or be square! 

Last spring, I was in the Detroit area for a deposition. I'm originally from that area, so I stayed over the weekend to visit family, and we made a trip to the Detroit Institute of Arts. In honor of Labor Day, here are some photos I took of Diego Rivera's Detroit Industry murals. If you've never seen these in person, you really should - the scale and detail is much more than I can capture.

The ...

Guest post by Tommy Eden, a partner in Constangy's Opelika, Alabama, and West Point, Georgia, offices.

In all the hoopla over the Supreme Court’s Hobby Lobby decision last week, it may have been lost that the Court refused to review a circuit court decision compelling arbitration in a collective action under the Fair Labor Standards Act.

All federal courts of appeal to decide the ...

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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