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NLRB says employees may use company computers for organizing activity

In perhaps one of its boldest moves, on December 11, the National Labor Relations Board (NLRB) overturned existing precedent and held that employees have the right to use their employer’s e-mail system for Section 7 concerted activity, including union-organizing activities, during nonbusiness hours. The decision obviously affects employers’ policies on employee e-mail use. As background, the […]

NLRB adopts ‘quickie election’ rule

by Tammy Binford The National Labor Relations Board’s (NLRB) decision to adopt a rule speeding up union representation elections continues to draw fire, as opponents of the change consider legal options. The Board’s action, announced on December 12, represents the second time the controversial regulation—dubbed the “quickie” or “ambush” election rule by detractors—has been advanced. […]

Does Competition Among Employees Work as a Motivator?

Can competition among employees serve as a motivator of performance? This is quite a conundrum, because there are arguments on both sides of the coin. Perhaps you’ve just read an article saying that competition is a brilliant way to encourage employees to a higher level of performance by stimulating their competitive spirit. That article may […]

New laws affecting Illinois employers take effect January 1

by Steven L. Brenneman Illinois employers need to be aware of a few new laws taking effect January 1. Ban the box One of the new laws, the Job Opportunities for Qualified Applicants Act, prohibits most private-sector employers and employment agencies with 15 or more employees from asking applicants about their criminal histories and conducting […]

Fear Shouldn’t Prevent You from Achieving Your Goals

“What would you attempt to do if you knew you could not fail?” I came across that question in a book the other day, and it really got me thinking. I firmly believe there are many things we don’t try because we’re convinced we won’t succeed. The thinking goes, “Why even go down that road […]

OFCCP, EEOC heads discuss enforcement focus: compensation

by Emily L. Bristol At a recent meeting of the labor and employment law section of the American Bar Association (ABA), Patricia Shiu, director of the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP), discussed the agency’s focus on pay disparity and highlighted that during the Obama administration, the OFCCP has […]

Train Leaders to Practice ‘Defensive Management’ Best Practices

  To recap, attorneys representing aggrieved employees in discrimination, retaliation, harassment, wage and hour, and other types of employment claims love allegations of supervisor wrongdoing because that’s the “smoking gun” they need to paint that supervisor as a villain—whose statements, acts, decisions, and omissions should result in liability for the employer. Also, such acts may […]

Delaware businesses get new recordkeeping obligations

by Molly DiBianca and Lauren Russell Delaware’s new law related to the safe destruction of documents containing personal identifying information will take effect on January 1. The law requires commercial entities to take all reasonable steps to destroy a consumer’s personal identifying information within the business’s custody and control when the information is no longer […]

New California law on immigrant discrimination takes effect January 1

by Alka Ramchandani A new California law taking effect January 1 clarifies a previous law prohibiting immigrant-related discrimination. Last year, a law creating California Labor Code Section 1019 was enacted. That law makes it unlawful for an employer or any other person to engage in—or direct another person to engage in—any “unfair immigration-related practice” against […]