This presentation explains the rights that employees have under the National Labor Relations Act and how the current Obama/Lieman Labor Board is expanding those rights.
Copyright litigation handbook contents and overviewRaymond Dowd
Litigation handbook for attorneys handling copyright infringement, copyright ownership, and copyright licensing cases. Includes Copyright Act, Federal Rules of Civil Procedure, Federal Rules of Evidence, case annotations
This document summarizes a presentation about owners corporations and strata by-laws. It discusses owners corporations as the "fourth level of government" and covers topics like making valid by-laws, enforcing by-laws, and improving existing by-laws. The presentation provides examples of both reasonable and unreasonable/invalid by-laws and emphasizes the importance of transparency, consistency, and reasonableness when creating and enforcing by-laws.
The Federal Rules of Civil Procedure (Series: Newbie Litigator School)Financial Poise
This webinar provides an overview of the Federal Rules of Civil Procedure. It discusses how a civil case is initiated through filing a complaint and serving the defendant. It also covers motions to dismiss, discovery procedures, summary judgment, and other pre-trial and trial processes governed by the Federal Rules. The panelists are experienced litigators who provide context and real-world perspectives on the Rules. The webinar is part of a series aimed at refreshing attorneys on civil litigation fundamentals.
Our Wednesday One program series serves as the foundation of the WIFV programming calendar. Held each year at various locations, these events are open to guests and potential members. Upcoming events are always posted in the calendar section of www.wifv.org.
The document outlines a chapter that discusses civil liberties and public policy in the United States. It covers several topics: the Bill of Rights and how its protections have been applied to states; freedom of religion and the establishment and free exercise clauses; freedom of expression including various types of speech and limitations; freedom of assembly and the right to associate; the right to bear arms and recent Supreme Court cases; defendants' rights during criminal proceedings; the right to privacy and its application to abortion law; and how civil liberties both limit and expand the scope of government. Each section includes an introduction to key court cases and legal concepts.
The document summarizes lobbying rules for not-for-profit organizations. It discusses the two main tests for 501(c)(3) organizations to engage in lobbying - the "no substantial part" test and the 501(h) expenditure test. It also reviews lobbying limits and definitions for 501(c)(4), (5), and (6) organizations, including exceptions and calculation methods. Finally, it provides an overview of the federal Lobbying Disclosure Act requirements around registration and reporting of lobbying activities.
Ray dowd copyright, ethics & social media- what the connected lawyer needs t...Raymond Dowd
This document summarizes key ethical and legal issues attorneys need to consider regarding social media and copyright. It discusses how attorneys have become publishers through social media and need to understand rules of defamation, ethics, and copyright law. The document also analyzes several court cases where attorneys or clients have faced sanctions or lawsuits due to improper social media use, such as revealing privileged information or using copyrighted materials without permission.
This chapter discusses how antitrust laws apply to professional and college sports. It outlines the major federal antitrust acts and exemptions that are relevant to sports. It describes how antitrust laws have been used to evaluate player restraints such as drafts, free agency restrictions, and salary caps. It also discusses how antitrust analysis has affected franchise relocation and the single entity defense used by some leagues.
Copyright litigation handbook contents and overviewRaymond Dowd
Litigation handbook for attorneys handling copyright infringement, copyright ownership, and copyright licensing cases. Includes Copyright Act, Federal Rules of Civil Procedure, Federal Rules of Evidence, case annotations
This document summarizes a presentation about owners corporations and strata by-laws. It discusses owners corporations as the "fourth level of government" and covers topics like making valid by-laws, enforcing by-laws, and improving existing by-laws. The presentation provides examples of both reasonable and unreasonable/invalid by-laws and emphasizes the importance of transparency, consistency, and reasonableness when creating and enforcing by-laws.
The Federal Rules of Civil Procedure (Series: Newbie Litigator School)Financial Poise
This webinar provides an overview of the Federal Rules of Civil Procedure. It discusses how a civil case is initiated through filing a complaint and serving the defendant. It also covers motions to dismiss, discovery procedures, summary judgment, and other pre-trial and trial processes governed by the Federal Rules. The panelists are experienced litigators who provide context and real-world perspectives on the Rules. The webinar is part of a series aimed at refreshing attorneys on civil litigation fundamentals.
Our Wednesday One program series serves as the foundation of the WIFV programming calendar. Held each year at various locations, these events are open to guests and potential members. Upcoming events are always posted in the calendar section of www.wifv.org.
The document outlines a chapter that discusses civil liberties and public policy in the United States. It covers several topics: the Bill of Rights and how its protections have been applied to states; freedom of religion and the establishment and free exercise clauses; freedom of expression including various types of speech and limitations; freedom of assembly and the right to associate; the right to bear arms and recent Supreme Court cases; defendants' rights during criminal proceedings; the right to privacy and its application to abortion law; and how civil liberties both limit and expand the scope of government. Each section includes an introduction to key court cases and legal concepts.
The document summarizes lobbying rules for not-for-profit organizations. It discusses the two main tests for 501(c)(3) organizations to engage in lobbying - the "no substantial part" test and the 501(h) expenditure test. It also reviews lobbying limits and definitions for 501(c)(4), (5), and (6) organizations, including exceptions and calculation methods. Finally, it provides an overview of the federal Lobbying Disclosure Act requirements around registration and reporting of lobbying activities.
Ray dowd copyright, ethics & social media- what the connected lawyer needs t...Raymond Dowd
This document summarizes key ethical and legal issues attorneys need to consider regarding social media and copyright. It discusses how attorneys have become publishers through social media and need to understand rules of defamation, ethics, and copyright law. The document also analyzes several court cases where attorneys or clients have faced sanctions or lawsuits due to improper social media use, such as revealing privileged information or using copyrighted materials without permission.
This chapter discusses how antitrust laws apply to professional and college sports. It outlines the major federal antitrust acts and exemptions that are relevant to sports. It describes how antitrust laws have been used to evaluate player restraints such as drafts, free agency restrictions, and salary caps. It also discusses how antitrust analysis has affected franchise relocation and the single entity defense used by some leagues.
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive functioning. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms.
Asikana Network Women in ICT PresentationWeb Gathering
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive functioning. Exercise causes chemical changes in the brain that may help boost feelings of calmness, happiness and focus.
La herramienta web 2 permite compartir información e interactuar con otras personas para generar contenido mejorado para publicaciones. También puede usarse para responder quejas, entregar informes, capacitar, comunicarse con clientes, empleados y jefes, hacer publicidad y más. Cada día más empresas usan esta herramienta para ser más competitivas en el mercado laboral.
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive functioning. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms.
The document discusses the history of manipulation and its use by various professions. It notes that manipulation has long been practiced by bone setters and was not invented by any single profession. Physical therapy education programs are required to teach both thrust and non-thrust manipulation techniques according to accreditation standards. However, chiropractors have attempted to gain legislative control over manipulation through state laws, arguing that only they are trained to perform it despite its long history within the scope of physical therapy.
El documento describe los sistemas de operaciones psicológicas de las Fuerzas Armadas y del Ejército de Perú. El sistema de las Fuerzas Armadas está integrado por el Comando Conjunto de las Fuerzas Armadas, los Comandos Operacionales y Especiales. El sistema del Ejército está conformado por la Dirección de Informaciones del Ejército, que es el órgano de asesoramiento, y las unidades de operaciones psicológicas, que son los órganos de ejecución. Ambos sistem
El documento describe diferentes métodos para conservar forrajes, como el ensilaje, henificación y henolaje. Explica que la conservación de forrajes mejora el suministro durante épocas de escasez y permite almacenar excedentes cuando hay abundancia. También describe factores importantes para realizar un buen ensilaje como el grado de humedad, corte, picado y compactación.
Este documento resume las características de varios agentes causantes de enfermedades vaginales comunes. En 3 oraciones: Describe los principales agentes causantes como bacterias, hongos, virus y parásitos; resume sus mecanismos de transmisión, que incluyen contacto sexual y factores como higiene deficiente; y resume los métodos de diagnóstico y tratamiento disponibles como exámenes microscópicos, pruebas serológicas y el uso de antibióticos y antifúngicos.
El documento trata sobre el cáncer cervicouterino. Explica que se origina en las células del cuello uterino y que factores como el virus del papiloma humano, el tabaquismo, las relaciones sexuales a temprana edad y las enfermedades de transmisión sexual aumentan el riesgo. También describe las teorías sobre su causa, incluyendo la teoría viral, genética y epigenética, y la teoría traumática que involucra diversos factores.
The document outlines the benefits of ISO 9001 certification for employees, management, and the company. For employees, ISO 9001 provides clearly defined roles and responsibilities, skills training, and opportunities for feedback. Management gains visibility into company operations through dashboards and fosters collaboration. The company benefits from evidence-based decision making, continuous improvement processes, brand building, and knowledge management systems that improve efficiency.
Tmj disorders 1 /certified fixed orthodontic courses by Indian dental academy Indian dental academy
The Indian Dental Academy is the Leader in
continuing dental education , training dentists
in all aspects of dentistry and offering a wide
range of dental certified courses in different
formats.
Indian dental academy provides dental crown &
Bridge,rotary endodontics,fixed orthodontics,
Dental implants courses.for details pls visit
www.indiandentalacademy.com ,or call
0091-9248678078
The document discusses various components of employee benefits including core compensation like salary, allowances, and bonuses. It describes legally required benefits such as social security programs and family leave. Discretionary benefits are also outlined and include health insurance, retirement plans, paid time off, tuition reimbursement, and employee assistance programs. Specific benefits commonly offered in India are then detailed such as provident funds, gratuity, life and medical insurance, leave encashment, and superannuation plans. The trends in retirement benefits moving from defined benefit to defined contribution plans are also summarized.
June 27, 2012
A special session will be held in the morning on Legacy Lawsuits “The Limited Admission Legislation” – assuming the legacy legislation makes it through the legislative process. This 3-hour session will give those involved in Legacy Lawsuits a detailed analysis of the legislation that was passed and instructions on how defendants should move forward and navigate the waters. We will have speakers available for a Q & A panel following the presentation. You do not want to miss this event.
The document discusses Louisiana's oil and gas industry, with three key points:
1) Louisiana has large oil and gas resources, especially from unconventional sources like the Haynesville Shale, which is one of the largest natural gas fields in the US.
2) Advanced technologies like hydraulic fracturing and horizontal drilling have revolutionized the domestic oil and gas industry and greatly increased production from shale and other tight rock formations.
3) Louisiana's oil and gas industry has had a significant economic impact, supporting thousands of jobs and billions in annual economic activity through development of resources like the Haynesville Shale.
Current issues in drafting and interpreting legislative instrumentsRussell_Kennedy
This document summarizes current issues in drafting and interpreting legislative instruments in Australia. It explores developments in characterizing instruments as "of a legislative character", challenges to the validity of instruments, and the relevance of rights in scrutinizing and interpreting instruments. The document outlines key concepts like what constitutes a legislative instrument under the Legislative Instruments Act and examines factors relevant to distinguishing legislative versus administrative character. It also discusses recent cases addressing issues like retrospectivity, accrued rights, and constitutional limits. The document notes sources of rights like constitutional, common law, fundamental liberties and international instruments that can affect an instrument's interpretation and validity. It concludes with tips for reviewing and drafting instruments.
This document discusses lobbying and the legislative process. It defines lobbying and advocates, and outlines the various players involved in lobbying including elected officials, private groups, companies, and citizens. It also discusses how the First Amendment protects the right to petition the government. Finally, it outlines various laws and regulations that govern lobbying activities and ethics.
Discrimination Complaints under the Mine Act (Workplace Safety Wednesdays - D...Matthew Korn
During the December webinar, Matthew Korn discusseded discrimination complaints under the Mine Act. Matthew focused on proactive steps your Company should take to protect against discrimination complaints. As MSHA continues to focus on discrimination complaints, companies need to be prepared to defend against such claims and need to know how to avoid problems associated with discrimination.
The Fiduciary Exception to Attorney-Client Privilege and Ethical Issue that A...Rachel Hamilton
This document discusses the fiduciary exception to attorney-client privilege in ERISA litigation. It provides an overview of the fiduciary exception, noting that it applies to legal advice on matters of plan administration. The document also discusses exceptions to the fiduciary exception, such as when advice regards non-fiduciary matters or a fiduciary's personal liability. It examines ethical issues that can arise in ERISA litigation, such as conflicts of interest between various parties like the plan sponsor, named fiduciary, and participants.
External Linits on ESOPs Special Considerations for Professional Corporations...Christopher T. Horner II
This document provides an overview of legal considerations for leveraged ESOP transactions involving professional corporations across several states. It summarizes state laws governing share ownership in professional corporations from Virginia, Maryland, North Carolina, and South Carolina. Key takeaways are that professional corporations can sponsor ESOPs in these states but state laws restrict share ownership to licensed professionals. The document also outlines the basic structure of a leveraged ESOP transaction and relevant ERISA and tax code provisions.
Learn how recent NLRB decisions affect employers and their employee manuals, employment policies, social media policies, arbitration, confidentiality requirements, and response to collective action.
The document discusses recent actions by the National Labor Relations Board (NLRB) that expand its power and support unions. It notes that since President Obama's appointees took control, the NLRB has taken an "extraordinary expansion" of its authority. Examples include overturning precedents to make union organizing easier, expanding the definition of protected concerted activity, more aggressively enforcing labor laws against employers, considering new rules like requiring employers to post notices about union organizing rights, and signaling plans to reconsider precedents in areas like successor employers and voluntary union recognition. Critics argue the NLRB has abandoned neutrality and embraced an activist pro-union agenda, while supporters say the board is returning to life after a period of dormancy
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive functioning. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms.
Asikana Network Women in ICT PresentationWeb Gathering
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive functioning. Exercise causes chemical changes in the brain that may help boost feelings of calmness, happiness and focus.
La herramienta web 2 permite compartir información e interactuar con otras personas para generar contenido mejorado para publicaciones. También puede usarse para responder quejas, entregar informes, capacitar, comunicarse con clientes, empleados y jefes, hacer publicidad y más. Cada día más empresas usan esta herramienta para ser más competitivas en el mercado laboral.
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive functioning. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms.
The document discusses the history of manipulation and its use by various professions. It notes that manipulation has long been practiced by bone setters and was not invented by any single profession. Physical therapy education programs are required to teach both thrust and non-thrust manipulation techniques according to accreditation standards. However, chiropractors have attempted to gain legislative control over manipulation through state laws, arguing that only they are trained to perform it despite its long history within the scope of physical therapy.
El documento describe los sistemas de operaciones psicológicas de las Fuerzas Armadas y del Ejército de Perú. El sistema de las Fuerzas Armadas está integrado por el Comando Conjunto de las Fuerzas Armadas, los Comandos Operacionales y Especiales. El sistema del Ejército está conformado por la Dirección de Informaciones del Ejército, que es el órgano de asesoramiento, y las unidades de operaciones psicológicas, que son los órganos de ejecución. Ambos sistem
El documento describe diferentes métodos para conservar forrajes, como el ensilaje, henificación y henolaje. Explica que la conservación de forrajes mejora el suministro durante épocas de escasez y permite almacenar excedentes cuando hay abundancia. También describe factores importantes para realizar un buen ensilaje como el grado de humedad, corte, picado y compactación.
Este documento resume las características de varios agentes causantes de enfermedades vaginales comunes. En 3 oraciones: Describe los principales agentes causantes como bacterias, hongos, virus y parásitos; resume sus mecanismos de transmisión, que incluyen contacto sexual y factores como higiene deficiente; y resume los métodos de diagnóstico y tratamiento disponibles como exámenes microscópicos, pruebas serológicas y el uso de antibióticos y antifúngicos.
El documento trata sobre el cáncer cervicouterino. Explica que se origina en las células del cuello uterino y que factores como el virus del papiloma humano, el tabaquismo, las relaciones sexuales a temprana edad y las enfermedades de transmisión sexual aumentan el riesgo. También describe las teorías sobre su causa, incluyendo la teoría viral, genética y epigenética, y la teoría traumática que involucra diversos factores.
The document outlines the benefits of ISO 9001 certification for employees, management, and the company. For employees, ISO 9001 provides clearly defined roles and responsibilities, skills training, and opportunities for feedback. Management gains visibility into company operations through dashboards and fosters collaboration. The company benefits from evidence-based decision making, continuous improvement processes, brand building, and knowledge management systems that improve efficiency.
Tmj disorders 1 /certified fixed orthodontic courses by Indian dental academy Indian dental academy
The Indian Dental Academy is the Leader in
continuing dental education , training dentists
in all aspects of dentistry and offering a wide
range of dental certified courses in different
formats.
Indian dental academy provides dental crown &
Bridge,rotary endodontics,fixed orthodontics,
Dental implants courses.for details pls visit
www.indiandentalacademy.com ,or call
0091-9248678078
The document discusses various components of employee benefits including core compensation like salary, allowances, and bonuses. It describes legally required benefits such as social security programs and family leave. Discretionary benefits are also outlined and include health insurance, retirement plans, paid time off, tuition reimbursement, and employee assistance programs. Specific benefits commonly offered in India are then detailed such as provident funds, gratuity, life and medical insurance, leave encashment, and superannuation plans. The trends in retirement benefits moving from defined benefit to defined contribution plans are also summarized.
June 27, 2012
A special session will be held in the morning on Legacy Lawsuits “The Limited Admission Legislation” – assuming the legacy legislation makes it through the legislative process. This 3-hour session will give those involved in Legacy Lawsuits a detailed analysis of the legislation that was passed and instructions on how defendants should move forward and navigate the waters. We will have speakers available for a Q & A panel following the presentation. You do not want to miss this event.
The document discusses Louisiana's oil and gas industry, with three key points:
1) Louisiana has large oil and gas resources, especially from unconventional sources like the Haynesville Shale, which is one of the largest natural gas fields in the US.
2) Advanced technologies like hydraulic fracturing and horizontal drilling have revolutionized the domestic oil and gas industry and greatly increased production from shale and other tight rock formations.
3) Louisiana's oil and gas industry has had a significant economic impact, supporting thousands of jobs and billions in annual economic activity through development of resources like the Haynesville Shale.
Current issues in drafting and interpreting legislative instrumentsRussell_Kennedy
This document summarizes current issues in drafting and interpreting legislative instruments in Australia. It explores developments in characterizing instruments as "of a legislative character", challenges to the validity of instruments, and the relevance of rights in scrutinizing and interpreting instruments. The document outlines key concepts like what constitutes a legislative instrument under the Legislative Instruments Act and examines factors relevant to distinguishing legislative versus administrative character. It also discusses recent cases addressing issues like retrospectivity, accrued rights, and constitutional limits. The document notes sources of rights like constitutional, common law, fundamental liberties and international instruments that can affect an instrument's interpretation and validity. It concludes with tips for reviewing and drafting instruments.
This document discusses lobbying and the legislative process. It defines lobbying and advocates, and outlines the various players involved in lobbying including elected officials, private groups, companies, and citizens. It also discusses how the First Amendment protects the right to petition the government. Finally, it outlines various laws and regulations that govern lobbying activities and ethics.
Discrimination Complaints under the Mine Act (Workplace Safety Wednesdays - D...Matthew Korn
During the December webinar, Matthew Korn discusseded discrimination complaints under the Mine Act. Matthew focused on proactive steps your Company should take to protect against discrimination complaints. As MSHA continues to focus on discrimination complaints, companies need to be prepared to defend against such claims and need to know how to avoid problems associated with discrimination.
The Fiduciary Exception to Attorney-Client Privilege and Ethical Issue that A...Rachel Hamilton
This document discusses the fiduciary exception to attorney-client privilege in ERISA litigation. It provides an overview of the fiduciary exception, noting that it applies to legal advice on matters of plan administration. The document also discusses exceptions to the fiduciary exception, such as when advice regards non-fiduciary matters or a fiduciary's personal liability. It examines ethical issues that can arise in ERISA litigation, such as conflicts of interest between various parties like the plan sponsor, named fiduciary, and participants.
External Linits on ESOPs Special Considerations for Professional Corporations...Christopher T. Horner II
This document provides an overview of legal considerations for leveraged ESOP transactions involving professional corporations across several states. It summarizes state laws governing share ownership in professional corporations from Virginia, Maryland, North Carolina, and South Carolina. Key takeaways are that professional corporations can sponsor ESOPs in these states but state laws restrict share ownership to licensed professionals. The document also outlines the basic structure of a leveraged ESOP transaction and relevant ERISA and tax code provisions.
Learn how recent NLRB decisions affect employers and their employee manuals, employment policies, social media policies, arbitration, confidentiality requirements, and response to collective action.
The document discusses recent actions by the National Labor Relations Board (NLRB) that expand its power and support unions. It notes that since President Obama's appointees took control, the NLRB has taken an "extraordinary expansion" of its authority. Examples include overturning precedents to make union organizing easier, expanding the definition of protected concerted activity, more aggressively enforcing labor laws against employers, considering new rules like requiring employers to post notices about union organizing rights, and signaling plans to reconsider precedents in areas like successor employers and voluntary union recognition. Critics argue the NLRB has abandoned neutrality and embraced an activist pro-union agenda, while supporters say the board is returning to life after a period of dormancy
This document provides an overview of key employment laws in the United States. It discusses labor laws, the Civil Rights Act of 1964, the Americans with Disabilities Act, Equal Employment Opportunity laws, laws regarding sexual orientation and gender identity, the Occupational Safety and Health Administration, the Fair Labor Standards Act, the Equal Pay Act, labor relations laws such as the NLRA and Taft-Hartley Act, employment law topics like severance agreements, arbitration, and mediation, and the importance of employer awareness and compliance with employment laws.
Epic Victory: Arbitration Agreements in the WorkplaceQuarles & Brady
In Epic Systems v. Lewis, the Supreme Court recently paved the way for employers to include collective and class-action waivers in arbitration agreements. However, arbitration agreements are not necessarily a panacea and for those employers for whom they do make sense, they need to be carefully drafted and implemented. This session explores the answers to questions such as:
- What does this decision mean for employees and employers?
- What attacks on arbitration agreements remain post-Epic?
- Should employers embrace arbitration agreements (and when)?
- How should an employer roll out an arbitration agreement?
Is Your Criminal Background Check Policy Consistent with the EEOC's Updated G...Matthew Korn
The document summarizes a presentation given by attorneys on the Equal Employment Opportunity Commission's (EEOC) updated guidance on considering arrest and conviction records in employment decisions. It discusses key aspects of the guidance, including how it relates to disparate treatment vs. disparate impact claims and the need for criminal background check policies to be job-related, consistent with business necessity, and include individualized assessments of applicants. It also provides examples of how to apply the EEOC guidance when making hiring decisions for bouncer, DJ and bartender positions at a night club.
This document provides an overview of key employment laws in the United States. It discusses labor laws, the Civil Rights Act of 1964, the Americans with Disabilities Act, Equal Employment Opportunity laws, laws protecting workers from discrimination based on sexual orientation or gender identity, the Occupational Safety and Health Administration, the Fair Labor Standards Act, the Equal Pay Act, labor relations laws like the NLRA and Taft-Hartley Act, alternative dispute resolutions like arbitration and mediation, severance agreements, and the importance of employer awareness and compliance with employment laws.
This document provides an overview of various employment law topics organized under different categories. It includes summaries of laws related to termination and discrimination, employee benefits, labor management relations, corporations, and other miscellaneous topics. For each topic, it lists key aspects of the laws such as exceptions to at-will employment, requirements of FMLA and OSHA, protections provided by anti-discrimination acts, and rights afforded by laws governing unions and collective bargaining.
Administrative law governs administrative agencies and their powers. Agencies are created by legislatures to implement laws and solve problems, guided by intelligible principles from Congress. Agencies can make rules, conduct hearings on claims, and issue decisions. Hearings involve parties, evidence, and a decision by an administrative law judge. Judicial review allows courts to examine agency decisions for compliance with law and policy. This oversight balances agencies' expertise with constitutional protections.
Chapter 4 Organization/Individual Relations and RetentionRayman Soe
This document provides an overview of equal employment opportunity (EEO) concepts and legal frameworks. It discusses key laws like Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act. It also covers topics like prohibited discrimination, protected classes, reasonable accommodations, disparate treatment, disparate impact, and guidelines for lawful and unlawful hiring inquiries. The document is intended to help readers understand major EEO concepts, laws, and compliance requirements regarding staffing and employment decisions.
Labor laws change with every administration, and as an employer, keeping up to date is a necessary burden. G. Mark Jodon of Littler Mendelson discusses what has happened and what can be expected during President Obama's administration in terms of labor and employment legislative and executive initiatives. He explores the administration's priorities from both a regulatory and a legislative perspective.
This document discusses judicial review of administrative agencies. It summarizes two landmark Supreme Court cases - Citizens to Preserve Overton Park v. Volpe and Chevron v. Natural Resources Defense Council. In Overton Park, the Court established that agency actions are subject to judicial review and remanded the case back to the agency to provide justification. In Chevron, the Court created the "reasonable interpretation" standard, requiring courts to defer to any reasonable agency interpretation if the law is ambiguous. These cases shaped the development of the "hard look doctrine" and increased judicialization and procedural requirements for agencies.
How Administrative Law is Affecting Your Case - Whether You Know it or Not!Justin Hein
Administrative law is affecting licensing cases in ways attorneys may not be aware. Steven Simas discussed three key areas:
1. Administrative process and hearing overview - He outlined the governing laws and process from investigation through post-hearing options like appeals.
2. Substantially related to the profession - Convictions can be grounds for discipline if substantially related, even if not from licensed work. Agencies must define this standard.
3. Common procedural complexities - These include right to counsel in administrative hearings, handling concurrent criminal cases, exhaustion of remedies, and ensuring a fair hearing process. Understanding administrative law intricacies is crucial for case advice and negotiations.
Similar to What Rights do employees Have Under The NLRA ..And How is the Labor Board Expanding Them?5-4-11 (20)
Structural Design Process: Step-by-Step Guide for BuildingsChandresh Chudasama
The structural design process is explained: Follow our step-by-step guide to understand building design intricacies and ensure structural integrity. Learn how to build wonderful buildings with the help of our detailed information. Learn how to create structures with durability and reliability and also gain insights on ways of managing structures.
Zodiac Signs and Food Preferences_ What Your Sign Says About Your Tastemy Pandit
Know what your zodiac sign says about your taste in food! Explore how the 12 zodiac signs influence your culinary preferences with insights from MyPandit. Dive into astrology and flavors!
Best practices for project execution and deliveryCLIVE MINCHIN
A select set of project management best practices to keep your project on-track, on-cost and aligned to scope. Many firms have don't have the necessary skills, diligence, methods and oversight of their projects; this leads to slippage, higher costs and longer timeframes. Often firms have a history of projects that simply failed to move the needle. These best practices will help your firm avoid these pitfalls but they require fortitude to apply.
B2B payments are rapidly changing. Find out the 5 key questions you need to be asking yourself to be sure you are mastering B2B payments today. Learn more at www.BlueSnap.com.
IMPACT Silver is a pure silver zinc producer with over $260 million in revenue since 2008 and a large 100% owned 210km Mexico land package - 2024 catalysts includes new 14% grade zinc Plomosas mine and 20,000m of fully funded exploration drilling.
Top mailing list providers in the USA.pptxJeremyPeirce1
Discover the top mailing list providers in the USA, offering targeted lists, segmentation, and analytics to optimize your marketing campaigns and drive engagement.
Storytelling is an incredibly valuable tool to share data and information. To get the most impact from stories there are a number of key ingredients. These are based on science and human nature. Using these elements in a story you can deliver information impactfully, ensure action and drive change.
At Techbox Square, in Singapore, we're not just creative web designers and developers, we're the driving force behind your brand identity. Contact us today.
Building Your Employer Brand with Social MediaLuanWise
Presented at The Global HR Summit, 6th June 2024
In this keynote, Luan Wise will provide invaluable insights to elevate your employer brand on social media platforms including LinkedIn, Facebook, Instagram, X (formerly Twitter) and TikTok. You'll learn how compelling content can authentically showcase your company culture, values, and employee experiences to support your talent acquisition and retention objectives. Additionally, you'll understand the power of employee advocacy to amplify reach and engagement – helping to position your organization as an employer of choice in today's competitive talent landscape.
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This session provided an update as to the latest valuation data in the UK and then delved into a discussion on the upcoming election and the impacts on valuation. We finished, as always with a Q&A
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Unveiling the Dynamic Personalities, Key Dates, and Horoscope Insights: Gemin...
What Rights do employees Have Under The NLRA ..And How is the Labor Board Expanding Them?5-4-11
1. What Rights Do Employees
Have Under the NLRA…
And How Is The Labor Board
Expanding Them?
Presented by:
D. Albert Brannen
www.lab orlawye rs .com
Atlanta · C h arlotte · C hicago · C le ve land · C olu m b ia · D allas · D e nve r · F o rt Lau d e rd ale · H ou s ton · Irvine · Kans as C ity · Las Ve gas · Lo s
An ge le s · Lou is ville · N e w E ngland · N e w Je rs e y · N e w O rle ans · O rland o · P h ilad e lp h ia · P h o e nix · P ortland · S an D ie go · S an F rancis co ·
Tam p a · Was h ington D C
2. 2010 In Review
A Significant Year For Labor
• Balance of power in Congress shifted
• EFCA and other union supported legislative “reforms” are
dead
• Union supporters will use other means to advance their
agenda
Fisher & Phillips LLP
ATTORNEYS AT LAW
Solutions at W ork®
3. What Is “Plan B” For Big Labor?
• Union supporters have “stacked the deck” at the NLRB
• The President’s appointees are now the majority
• NLRB cannot amend the NLRA, but it can:
• Use its “rulemaking” powers
• Reverse or modify prior decisions
• Interpret the law in ways to favor unions
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4. NLRB Chairman
Wilma Liebman
• On the Board since 1997
• Conspicuous dissents on Bush Board
• Public support of
• Labor law reforms
• President’s nominees to fill open slots
• Believes “policy oscillations” are normal
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5. NLRB Recess Appointee
Craig Becker
• SEIU counsel since 1990
• Senate voted not to confirm (52-33)
• Radical views
• Election procedures
• Employer rights
• Rulemaking
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6. NLRB Board Member
Mark Pearce
• 2010 Obama appointee
• Former NLRB lawyer
• Represented unions in private practice in NY
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7. The “Acting” General Counsel
Lafe Solomon
• Career Board lawyer
• Held numerous positions
• Now the Board’s chief prosecutor
• Served as “acting” GC since Fall 2010
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8. Lafe Solomon
Already Making Changes
• Has filed notable cases
• Boeing
• AMR
• Builders.com
• Issued many 10(j) injunctions
• Enacted or proposed other rules
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9. Other NLRA Rule Changes
• Interest calculations
• Settlement procedures (default notice)
• Electronic posting of remedial notices
• More aggressive remedies
• Threats to sue states for “secret ballot” laws
• Proposed new “Rights” poster
• Seeking amicus briefing on various issues
• “Employee statements”
• Union access to employer premises
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10. Where Do We Go Now?
Rules For Seeking Guidance
• We can rely on specific sources for definitive guidance:
• New NLRB rules or proposed rules
• NLRB’s “official” website
• Statutory language
• Supreme Court precedent
• New cases decided by this majority
• We can speculate about future changes the
current Labor Board may make:
• Rules
• Case holdings
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12. NLRB Poster
For Federal Contractors
• Executive Order 13496
• Proposed
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13. NLRB’s Proposed Poster
For ALL Employers
Under the NLRA, you have the right to:
• Discuss your terms and conditions of employment
or union organizing with your co-workers or a
union.
• Take action with one or more co-workers to improve
your working conditions by, among other means,
raising work-related complaints directly with your
employer or with a government agency and
seeking help from a union.
• Strike and picket, depending on the purpose or
means of the strike or the picketing.
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14. Statutory Rights
Section 7
“Employees shall have the right to self-
organization, to form, join, or assist labor
organizations, to bargain collectively
through representatives of their own
choosing, and to engage in other
concerted activities for the purpose of
collective bargaining or other mutual aid
or protection, and shall also have the right
to refrain from any or all such activities… “
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15. “Concerted” Activities
• Supreme Court upheld the Interboro
doctrine
• An individual’s exercise of a right he
“reasonably believes” to be protected
under a CBA is protected concerted
activity
• Followed by NLRB in Meyers II
NLRB v. City Disposal Systems, 465 U.S. 822 (1984)
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16. Definition of “Concerted” Activity
• Those situations where an individual seeks to
• Initiate
• Induce
• Prepare for group action or
• Bring group complaints to the employer’s attention
Meyers Industries Inc., 281 NLRB 883 (1986) (Meyers II)
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17. Examples of “Protected” Activities
• Solicitation/distribution
• Wearing union insignia
• Strikes or other refusals to work
• Complaints about pay or benefits
• Discussing pay or benefits with other employees
• Disclosing information to third parties
• Disparaging the employer’s business
• Complaining to government agencies
• Enlisting support of government agencies
• Promoting legislation
• Filing charges or litigation
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18. Solicitation/Distribution Is Protected
• Employees have a right to solicit during lunch
and break times, even though they are on
their employer’s property
• Employees have right to wear union insignia
at the workplace
Republic Aviation Corp. v. NLRB, 324 U.S. 793 (1943)
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19. There Are Limits
To Protected Solicitation & Distribution
• Employees have a right to solicit except in
special circumstances
• Employer bears burden of proving special
circumstances warrant limiting employee rights
Beth Israel Hospital v. NLRB, 437 U.S. 483 (1978)
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20. Work Stoppages By
Non-Union Employees Are Protected
• A spontaneous walkout by 7 employees to
protest cold working conditions was protected
• Reasonableness of their decision was
irrelevant
• No misconduct involved
NLRB v. Washington Aluminum, 370 U.S. 9 (1962)
See also Atlantic Scaffolding Company and United
Brotherhood of Carpenters and Joiners of America,
Local 502, 356 NLRB No. 113 (3/18/11).
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21. Complaints About Pay or Benefits
• Presentation of grievances clearly protected
• In considering whether “intemperate” language
is protected, Board considers
• Place of conversation
• Subject matter
• Nature of the outburst
• Whether the outburst was provoked
• Very subjective standard: courts and Board(s)
disagree
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22. Discussion Of Pay & Benefits
With Other Employees
Employees have the right to discuss their
pay with other employees
Automatic Screw Products Co., 306 NLRB 1072 (1992)
See also Jeannette Corp. 217 NLRB 653 (1975)
[enforced by 3d Circuit 1976]
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23. Disclosure Of Information
To Outside Parties
• Employees have a limited right to discuss
their pay and benefits with third parties
• They can discuss them with unions or
others who may help them negotiate or
improve them
Long’s Drug Stores Co., 347 NLRB 500 (2006)
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24. Disclosure Of Information
To Outside Parties
• Rules declared unlawful:
• Release of “any confidential information”
Cintas Corp. 344 NLRB 943 (2005)
[enforced by DC Circuit 2007]
• Release of “any and all information
regarding business, employees …
conducted in this office”
Inter-disciplinary Advantage Inc. 349 NLRB 480 (2007)
[enforced by 6th Circuit 2008]
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25. Enlisting Support
Of Outside Parties
• Employees have a right to bring employment-
related concerns to the attention of third parties:
• A news reporter
• Customers
• State or federal agencies
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26. Enlisting Support
Of Outside Parties
• Employees have a right to bring
employment-related concerns to the
attention of third parties UNLESS:
• Disparaging employer’s product or services in a
way that meets the “disloyalty-indefensibility”
standard of Jefferson Standard or
• Remarks are defamatory and made with
knowledge of their falsity or in reckless disregard
of the truth.
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27. Promoting Legislation
• Circulation of literature urging employees
to vote against proposed amendment to
state constitution and to lobby for a higher
minimum wage was protected
• At some point the relationship between the
activity and the workplace becomes “too
attenuated”
• Court defers to NLRB to “find the line”
Eastex Inc. v. NLRB, 437 U.S. 556 (1978)
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28. Promoting Legislation
• Participating in a protest opposing increased
restrictions and penalties on employers who
hire illegal workers is for “mutual aid and
protection” and thus protected
• GC-08-10 (July 22, 2008)
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29. Filing NLRB Charges Or Litigation
• Employees protected from retaliation by
Sec. 8(a)(4)
• In U-Haul of Southern California NLRB
held a broad, mandatory arbitration policy
was facially unlawful
• GC 10-06 (June 16, 2010)
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30. Behavioral Rules
• NLRB found unlawful rule forbidding
employees from “making false, vicious,
profane or malicious statements toward
or concerning the Hotel or any of its
employees”
• NLRB standard: does the rule
reasonably tend to chill employees in
the exercise of their Section 7 rights?
• Very subjective standard
Lafayette Park Hotel, 326 NLRB 824 (1998)
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31. Recent Obama Board Decision
Parexel International, LLC
• 2-1 Board found that employer’s discharge of
employee for complaints about wages and
discrimination was unlawful
• Board found that employer discharged
employee in an unlawful pre-emptive strike
• Employer’s conduct unlawful regardless of
whether the initial conduct was concerted
Parexel International, LLC , 356 NLRB No. 82
(January 28, 2011)
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32. Recent Obama Board Decision
Worldmark By Wyndham
• 2-1 Board found that the employer
unlawfully disciplined an individual employee
when he questioned his supervisor, in front
of a number of his co-workers, about a
newly-promulgated dress code change
Wyndham Resort Development Corp. d/b/a Worldmark by
Wyndham, 356 NLRB No. 104 (March 2, 2011)
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33. Recent Obama Board Decision
Jurys Boston Hotel
• Representation case
• Board found 3 rules “objectionable” conduct:
• Solicitation
• Loitering
• Limits on wearing insignia and buttons
• Even though no evidence of enforcement
Jurys Boston Hotel, 356 NLRB No. 114 (March 28, 2011)
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34. Recent Complaint Against AMR
• Company rule stated:
Employees are prohibited from making disparaging,
discriminatory or defamatory comments when
discussing Company or the employees’ superiors, co-
workers or competitors.
• Employee posted disparaging remarks on
Facebook about the company and her supervisor
• Company fired the employee
• NLRB issued a complaint alleging unlawful
conduct
• Case settled
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35. Other Recent Complaints
Involving Social Media
• Builders.com
• Reuters
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36. Recent Complaint Regarding Boeing
• Boeing opened a non-union plant is S.C.
• Boeing’s President made anti-union comments
• NLRB has filed a complaint to restore the work to
union represented workers in the Northwest
• Thousands of jobs and ≥ $1 billion at stake
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37. Situations Where The Obama Board
May Expand Employee Rights
• Weingarten rights for unrepresented employees
IBM Corp., 343 NLRB 301 (2006)
• E-mail/internet
The Register Guard, 351 NLRB 1110 (2007)
• Rules prohibiting “disloyalty”
Tradesmen International, 338 NLRB 460 (2002)
• Rules prohibiting “profanity”
Martin Luther Memorial Home, Inc. 343 NLRB 646 (2004)
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38. Situations Where The Obama Board
May Expand Employee Rights
• Rules prohibiting “fraternization”
Guardsmark, LLC, 344 NLRB 809 (2005)
• Rules prohibiting “offensive” conduct
Palms Hotel and Casino, 344 NLRB 351 (2005)
• Rules regarding union buttons
W San Diego, 348 NLRB 372 (2006)
• Rules regarding union stickers
Leiser Construction, LLC 349 NLRB 413
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39. So, What Should You Do?
• Continue building a “pro-employee” work place
• Keep educating managers
• Use your right of “free speech”
• Review your employee handbook
• Resolve employee grievances
• Stay informed about developments
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Final Questions?
D. Albert Brannen
Fisher & Phillips LLP
1500 Resurgens Plaza
945 East Paces Ferry Road
Atlanta, Georgia 30326
Direct: (404) 240-4235
Fax: (404) 240-4249
dabrannen@laborlawyers.com
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