Employment Law

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The death of Supreme Court Justice Antonin Scalia on Feb. 13 could affect the outcome of close cases that have already been argued but not yet decided, including one that could determine the future of government employees’ unions.

A federal court has concluded that an employer and employee can agree that claims will be arbitrated and that an arbitrator can decide if the parties had the right to agree on the subject matter.

The EEOC has issued a proposed revision to its guidance on workplace retaliation—the first since 1998—that could radically change how enforcement authorities and courts define retaliation and its causes.

The National Labor Relations Board has issued a new ruling that only solidifies its activist posture of the last few years.

The union membership rate—the percent of hourly and salaried workers who were union members—was 11.1% in 2015, unchanged from 2014, according to the latest numbers from the U.S. Bureau of Labor Statistics.
What do the EEOC, DOL and NLRB have in store with the $1.1 trillion budget bill passed just before the end of 2015?
If you decide to punish an employee for testifying against you in a legal deposition, be prepared for even more litigation.
Organized labor had what appeared to be a bad day in court Jan. 11 when the U.S. Supreme Court heard oral arguments in a case that asked whether government employees can be required to pay union dues if they object to the union’s political activities.
One of the easiest ways to get in legal trouble is to discipline two employees differently for breaking the same rule.
Government employees have limited First Amendment rights when speaking out. But the right doesn’t apply if the public employee is merely doing his or her job.