Posts tagged Lauren McFerran.

Building on last year's Supreme Court decision in Epic Systems.

On the recent uproar involving a major, major employer and its recently-terminated employee:

No. 1. Is it a good idea to provide an "open forum" to employees if there are certain topics that are off limits? No. If you want to provide a forum for employees to speak up, but only "within reason," then it's a good idea to establish and communicate your limits in advance. That way, if ...

Walter Olson of the great Overlawyered.com sent a challenge over Twitter earlier this week:

Screen Shot 2017-02-23 at 2.45.02 PM

For those of you who don't know Mr. Olson, he's a libertarian.  :-)

I have to admit, I needed time to process this! I complain about these laws all the time, but would I really want to get rid of all protections for employees who want to organize, be paid a fair wage, avoid being thrown out on the street ...

Labor Day marked the beginning of the "serious" election season. In 2012, I posted on dos and don'ts for employers, but many of my old recommendations aren't going to work in today's labor law climate. Here's an updated guide to help employers and their employees survive to November 8, and beyond, which I think will comply with the latest positions of the National Labor Relations ...

Thanks very much to David Phippen from our Metro D.C. Office for letting me get some depositions taken this week and allowing me to republish his analysis here.

As we have previously reported, the National Labor Relations Board in recent years has put employee handbooks and policy manuals under a magnifying glass, searching for any provision that might, in its view, violate the ...

It's been a while since we've had an employment law quiz, so let's do it! This one is on retaliation. As always, the answers will be provided after each question -- you have our "no-pressure" guarantee.

1. What is retaliation?

A. Getting even with somebody because he did something you don't like.

Revenge.Baby
"You'll never work in this town again."

B. Denying somebody a reward (such as a pay raise ...

The National Labor Relations Board has taken the position that many garden-variety employment policies violate the law. These rulings place employers in a “Catch 22”—if employers rescind the policies, they could have trouble defending themselves in unemployment cases, wrongful termination lawsuits, or before government agencies like the Equal Employment Opportunity ...

After Tuesday night's rather -- intense -- Presidential debate, it was fun to watch Gov. Romney and President Obama good-naturedly tease each other at last night's Al Smith Memorial Foundation Dinner to benefit Catholic Charities of New York. With two and a half weeks to go until election day (November 6 - don't forget to vote!), I thought this would be a good time to provide some guidance ...

All this week, while formulating my questions for our presidential and vice presidential candidates, I avoided reading what my fellow bloggers were asking because I wanted *sniff* to maintain my independence. Actually, I was afraid that their questions would be so good, I'd be tempted to "borrow" too much.

Lois_Lane_en_la_caricatura_'The_Arctic_Giant'.pngLois Lane and I have to maintain our journalistic integrity.

Last night, I ...

Wow! This story has it allChickFilA-ChickenSandwich.jpg.

Bullying!

Chick-fil-A!

Social media!

Was this guy's YouTube post "protected concerted activity"? You decide.

Adam Smith (no relation to that "invisible hand" guy), chief financial officer of biotech company Vante, went to a drive-through at a Tucson Chick-fil-A on Wednesday morning, ordered a free water, confronted the drive-through girl* about ...

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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