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Five Recent NLRB Cases Provide Further Insight on Structuring Employers' Social Media Policies

Littler Mendelson, P.C. • July 24, 2014
Employers, struggling to regulate employees’ work-related social media postings, recently suffered a string of defeats in National Labor Relations Board (NLRB) cases challenging their social media and related communications policies. The six cases, decided in the past two months, which resulted in five losses1 and only one victory for employers,2 demonstrate that the NLRB continues to use social media and other common communications policies as a vehicle to aggressively inject itself into the non-union workplace as the number of unionized workers continues to diminish. These cases also highlight the need for all employers to scrutinize their social media policies in an effort to determine whether employees reasonably would read them to prohibit discussion about the terms and conditions of employment for the mutual aid and benefit of the workforce, the applicable standard under Section 7 of the National Labor Relations Act (NLRA or “the Act”) for protected concerted activity.

House Hearing Focuses on Federal Wage & Hour Enforcement

Littler Mendelson, P.C. • July 24, 2014
Members of the House Subcommittee on Workforce Protections held a hearing on Wednesday to discuss the exponential rise in Fair Labor Standards Act (FLSA) litigation, and the Department of Labor's employer compliance assistance efforts. According to Subcommittee Chairman Tim Walberg (R-MI), the FLSA and its regulations are "exceptionally complex and outdated . . . promot[ing] the interests of trial lawyers" over employees. Moreover, the "patchwork of conflicting interpretations and a complex regulatory structure have created an environment of legal uncertainty."

Senate Advances Insourcing Bill

Littler Mendelson, P.C. • July 24, 2014
The Senate has voted overwhelmingly in favor of advancing a bill that would provide a tax incentive to employers that move their overseas jobs back to the United States, and eliminate a tax credit for moving operations outside the country. The chamber voted 93-7 to send the Bring Jobs Home Act (S. 2569) to the Senate floor for consideration.

Obama Prohibits Contractors from Discriminating Because of Sexual Orientation or Gender Identity

Constangy, Brooks & Smith, LLP • July 24, 2014
More than two years after expressly declining to do so, this past Monday, President Obama signed an Executive Order prohibiting federal contractors from discriminating against individuals on the basis of sexual orientation or gender identity.

Big Win for Religious, Closely-Held Corporations Under Obamacare

Brody and Associates, LLC • July 24, 2014
The U.S. Supreme Court released one of its biggest decisions since it struck down the Defense of Marriage Act one year ago, captioned Burwell v. Hobby Lobby Stores, Inc., 189 L. Ed. 2d 675 (U.S. 2014). In the first decision of its kind, the Court held closely-held corporations can exercise religion, are afforded religious freedom under the law, and are therefore not required to pay for employees’ birth control in the face of religious objections. To understand this, we need to turn back over 200 years.

Illinois Embraces "Ban The Box"

Fisher & Phillips LLP • July 24, 2014
On July 19, 2014, Illinois joined a growing number of states prohibiting employers from asking about applicants’ criminal histories early in the hiring process.

Pot Pourri of Recent Cases I missed

Shaw Valenza LLP • July 24, 2014
There have been so many recent employment law decisions that I can't long-form blog them all. So, here's a quick roundup of three recent, significant rulings -
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