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Showing 4 posts from February 2016.

The Deadly 4-4 SCOTUS Split: What Happens in the Wake of Justice Scalia's Death

With the Supreme Court coming out of recess today, the practical implications of Justice Scalia's death will become more apparent. Justice Scalia's death last week has a tremendous impact on the upcoming sessions of the Supreme Court.  More ›

All 'Jiggery-Pokery' Aside: Justice Scalia's Impact on Employment Law

Allow me to be the palate cleanser to Mitch McConnell's shotgun-wedding-esque "memoir" to Justice Scalia.  Barely an hour after the Supreme Court announced Scalia's death, McConnell briefly offered his condolences to Scalia's family, but made the focus of his statement a political shot at President Obama. The Democrats returned fire, and since then, any mention of Scalia barely mentions his life and work, instead heading straight into the political implications of his death. Rather than follow in those footsteps, let's take a few minutes to honor a brilliant legal mind and eloquent, though sometimes eccentric, writer, regardless of whether we disagreed with or cheered him on as he punched his way through argument after argument. More ›

EEOC’s Updated Retaliation Enforcement Guidance Seeks to Expand the Reach of its Anti-Retaliation Laws

Effectively responding to employee discrimination complaints by current employees without running afoul of federal and state anti-retaliation laws presents a slippery slope for all employers. In fact, retaliation complaints make up nearly half of all discrimination charges filed with the EEOC today. Thus, it is critical that employers, their managers, supervisors, and employees understand who the laws protect and what constitutes retaliation.

On Thursday the EEOC sought to clarify these standards by issuing updated proposed enforcement guidance. The proposal is the first update to the EEOC’s Compliance Manual since 1998. The proposal was prompted by significant developments in the law and the marked increase of retaliation claims over the last eighteen years.

The 76-page proposal covers the definition of retaliation, the elements of a retaliation claim, interference claims under the Americans with Disabilities Act, remedies, and best practices.  Rather than summarize all of the above, I will highlight the most significant developments below. More ›

Captivating! NLRB Reverses 57-Year-Old Decision, Expands "Captive Audience" Rule in mail Ballot Elections

In conjunction with other recent changes to its rulings regarding organizing and elections, the National Labor Relations Board recently ruled to expand the period of time during which "captive audience" meetings are banned in mail-ballot elections. The ruling aligns the rules for manual and mail-ballot elections. Although this alignment may simplify compliance, employers should be aware that captive audience meetings are now banned 24-hours prior to the mailing of ballots and that the ban continues through the election. More ›

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