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President vetoes resolution to block new NLRB election rules

President vetoes resolution to block new NLRB election rules

| April 6, 2015 | Articles

The National Labor Relations Board’s new election rules, which include changes allowing for so-called “ambush elections,” will not be blocked by Congressional resolution after all. On March 31, President Obama vetoed a joint resolution of the U.S. Senate and House of Representatives that sought to block implementation of the NLRB’s election rules. As a result, […]

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NLRB rules employee’s vulgar, unprofessional  social media post is protected concerted activity

NLRB rules employee’s vulgar, unprofessional social media post is protected concerted activity

| April 3, 2015 | Articles

Over the past few years, we’ve warned our employer clients that discipline of employees for social media activity has become risky business. The National Labor Relations Board has taken the position that employee commentary on social media is very often “protected concerted activity” under the National Labor Relations Act even when the language used is […]

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<small><em><small><u>WEBINAR</u></em><font color=white> » </font></small></small> <br />DOL Forecast: <br />Audits, with a chance of investigations

WEBINAR »
DOL Forecast:
Audits, with a chance of investigations

With audit season just around the corner, there’s no time for employer-sponsors of retirement plans to waste in making proper preparations. The Department of Labor knows what it’s looking for when it reviews the results of your independent audit or it conducts a follow-up investigation, but do you? Just as importantly, does your auditor?

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<small><em><small><u>UPCOMING SEMINAR » LAST CHANCE TO REGISTER</u></em><font color=white> » </font></small></small> <br />EmployerLINC15: <br />Case studies in costly mistakes

UPCOMING SEMINAR » LAST CHANCE TO REGISTER »
EmployerLINC15:
Case studies in costly mistakes

It’s one thing to know what the law requires and what actions should be taken to ensure legal compliance. But what if you miss out on a step or two? Can certain mistakes or failures to take action be swept under the rug, or are they likely to catch up to you in the form of a lawsuit, financial penalty, audit or formal investigation?

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Disabilities that pose a ‘direct threat’  in the workplace

Disabilities that pose a ‘direct threat’ in the workplace

| April 1, 2015 | Articles

The Americans with Disabilities Act (ADA) prohibits employment discrimination on the basis of disability. The ADA also requires employers to reasonably accommodate disabled individuals who are qualified for a position. However, the ADA recognizes a “direct threat” defense for employers who have been sued for disability discrimination. A “direct threat” involves a “significant risk of […]

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Appeals court rules no pretext found in ADEA discrimination case

Appeals court rules no pretext found in ADEA discrimination case

| March 23, 2015 | Articles

The Tenth Circuit recently ruled that pretext would not be found if an employer terminated an employee based on a genuine belief that the employee had violated company policy. Background Linda Tatom was 56 years old when she began working as an at-will employee at the Guthrie Job Corps Center (GJCC) in Guthrie, Oklahoma, in […]

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‘More’ does not equal ‘different’ when job duties are comparable under the Equal Pay Act

‘More’ does not equal ‘different’ when job duties are comparable under the Equal Pay Act

| March 20, 2015 | Articles

It has long been thought that the Equal Pay Act (EPA) does not apply if the male and female employees being compared for purposes of establishing pay disparities spend significant amounts of time on different job duties, even when some duties overlap. However, the Tenth Circuit recently held that if a female employee performs additional, meaning different, […]

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Not following instructions will still get you fired, even when you engage in protected activity

Not following instructions will still get you fired, even when you engage in protected activity

| March 17, 2015 | Articles

In Meyers v. Eastern Oklahoma County Technology Center, the Tenth Circuit Court of Appeals upheld judgment for the employer even though the plaintiff had engaged in legally protected activity because she disregarded her supervisor’s instructions. The facts Donna Meyers was the adult education coordinator for the EMT program at Eastern Oklahoma County Technology Center. The school […]

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