February 2017

It won’t take much searching through the archives to find posts discussing the NLRB’s protections for employees’ Facebook posts critical of their employers (here, for example). Protected speech under the NLRA, however, cuts both ways. Section 7 not...
In 1998, Hawaii became the first state to “ban the box,” prohibiting private employers from inquiring about a candidate’s criminal history until the employer has made  a conditional offer.  It was not for another 12 years before another...
This should have been an open-and-shut case. For the employer, that is, not the employee.Lufkin Industries, Inc., had an employee, William Fisher, who was a 55-year-old African-American. One day, Mr. Fisher got into a verbal tiff with his 31-year-...
I recently had an interesting call with a DOL investigator, and I wanted to share it with you.First, let me set the background. I represent a large national employer with multi-state locations, including several on the east coast. One of these east...
President Trump announced today that he intends to nominate R. Alexander Acosta as the Secretary of Labor. Mr. Trump’s initial nominee for the position, Andrew Puzder, withdrew his candidacy yesterday.Mr. Acosta, a Florida native and the son of...