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News & Blog

NLRB Issues Final Rule on Ambush Union Elections

On December 12, 2014, the National Labor Relations Board (NLRB) confirmed the long-standing speculation of many by finalizing the new rules governing the procedures of union representation elections (the Final Rule). The proposal for new rules has been pending since 2012, with changes included and then removed. As anticipated, the … Read More »

NLRB Holds That Workers Have a Right to Use Their Employers’ Email Systems for Non-Work Related Communications

by J. Bruce Cross On December 11, 2014, the National Labor Relations Board (NLRB or the Board) ruled that employees have a right to use their company email accounts, during non-working time, for statutorily protected activity, such as union organizing. Union representatives challenged Purple Communications, Inc.’s electronic communications policy because … Read More »

DOL Announces Final Rule Protecting LGBT Workers from Discrimination

The Final Rule implements an Executive Order signed by President Barack Obama on July 21, 2014, making it illegal for federal contractors to discriminate against employees and applicants on the basis of sexual orientation or gender identity, which protects lesbian, gay, bisexual and transgender (LGBT) employees from such discrimination. This … Read More »

Executive Action on Immigration

By Misty Wilson Borkowski President Obama recently announced a series of Executive Actions that make several important administrative changes in the immigration process that will impact employers and foreign nationals alike in several important ways. The Executive Actions create a new deferred action program for certain parents of US citizens; … Read More »

It’s a Trap! Delayed Enforcement of DOL’s Home Health Care Regulations Still Subjects Employers to Costly Litigation

By Abtin Mehdizadegan The U.S. Department of Labor’s Wage and Hour Division (WHD) promulgated new regulations under the Fair Labor Standards Act (FLSA) that change the employment landscape for those who provide home-care services in recognition of the increased demand for home healthcare workers as the Baby Boomer generation progresses … Read More »

Employer’s Response to Off-Duty Misconduct of Employees

By Joe Ramsey, Cindy Kolb and Misty Wilson Borkowski Employers oftentimes are placed in complicated and difficult situations when it comes to making decisions based on an employee’s off-duty conduct. Although most employers would agree it is reasonable for employees to expect a degree of latitude in their off-duty conduct, … Read More »

Immigration Reform Heats Up Again

By Misty Wilson Borkowski President Obama will address the nation at 8 p.m. ET on Thursday, November 20, 2014, to outline the executive action he is taking to advance comprehensive immigration reform. The statement Thursday night will be followed by a rally at a Las Vegas High School on Friday, … Read More »

Estate Planning for Social Media?

by Laura Dyer Johnson Do you tweet? Did you monitor your newsfeed on Facebook? Have a lot of photos on Instagram? Maybe you just access your bank account online? Have you ever wondered what will happen to your social media accounts or other online accounts when you die or become … Read More »

Arkansas Minimum Wage Increase Becomes Effective January 1, 2015

by Abtin Mehdizadegan With 65 percent of the vote, the Arkansas Minimum Wage Initiative (Issue 5 on the Ballot) passed resoundingly in yesterday’s General Election. This Act will amend Ark. Code Ann. § 11-4-210(a) to raise the current Arkansas minimum wage at graduated intervals between 2015 and 2017: On January … Read More »