I have discussed the National Labor Relations Board’s recent social media decisions here and here. To summarize, in the past year or so the NLRB has made it very clear that, in its view, all employees (union or not) have a right to discuss the terms and conditions of their employment on social media sites […]
National Labor Relations Board Issues First Decision Finding Company’s Social Media Policy Violates National Labor Relations Act
As I have discussed here, the National Labor Relations Board (“NLRB”) has recently turned its attention to companies’ social media policies. Under Section 7 of the National Labor Relations Act, all employers, including those that have no union, are prohibited from interfering with employees’ rights to discuss their terms and conditions of employment amongst themselves. […]
EEOC Announces New Strategic Plan
The Equal Employment Opportunity Commission (“EEOC”) has issued a draft of its new 4-year strategic plan that is scheduled to take effect on October 1, 2012. While the strategic plan doesn’t tell us exactly which cases the EEOC will find most important (and specific facts will generally determine the likelihood of the EEOC investigating a […]
U.S. 11th Circuit Court of Appeals Takes a Stab at Clarifying Effective Date of Georgia’s New Law Regarding Restrictive Covenants
I have posted several articles discussing Georgia’s confusing efforts to codify its laws governing restrictive covenants such as noncompetes, nonsolicitation agreements and nondisclosure agreements that have now resulted in three different sets of rules governing restrictive covenants. (The determination of which set of rules to apply depends on the date the agreement was signed.) My […]
11th Circuit Court of Appeals Holds that a Cause of Action Exists for Retaliatory Hostile Work Environment
The U.S. 11th Circuit Court of Appeals (one of 11 courts that are one step below the U.S. Supreme Court) has concluded that an employee can pursue a claim where the employee was retaliated against by being required to work in a hostile environment. This ruling has the effect of creating a new cause of […]
May an Employer Require Employees to be 100% Healed Before Returning from Medical Leave?
It may seem logical that an employer that is concerned about its employees’ health may require employees who have been out on medical or maternity leave to be fully healed before returning to work so as to protect against a re-injury. But, such a requirement may give the employee a claim that the employer has […]
