Counsel News and Events for Attorneys and Executives

Employment

Tackett Redux: Ordinary Principles of Contract Interpretation Mean No Inference of Vesting

News
The ruling again rejected the Sixth Circuit’s inference from silence that CBAs vested retiree benefits for life, reports Proskauer Rose.

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Conflict of Interest Causes NLRB to Vacate Pro-Corporation Ruling

Conflict of Interest Causes NLRB to Vacate Pro-Corporation Ruling

News
The NLRB threw out its most important ruling of 2017 — a 3-2 victory for major U.S. corporations — following an internal agency report that found that a potential conflict-of-interest had tainted the vote.

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How Solid Are Your Harassment Training Programs?

How Solid Are Your Harassment Training Programs?

Insight
Employers are finding that generic harassment policies with one-size-fits-all instructional videos are not addressing key issues, says Audrey Mross, employment partner at Munck Wilson Mandala.

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For the Third Time, Supreme Court to Hear Mandatory Union Dues Arguments

News
The case, appealed by an employee of the state of Illinois, comes after the U.S. Court of Appeals for the 7th Circuit rejected his argument that the agency fee violated his rights under the First Amendment.

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Learn How to Address & Prevent Harassment – Online Master Class

Learn How to Address & Prevent Harassment – Online Master Class

Online event, Feb. 28, 2018, 11:30 a.m. EST
NAVEX Global will conduct its first-ever online master class when it presents “Addressing & Preventing Sexual Harassment.”

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DOJ Warns of Criminal Actions Against Companies with Agreements Not to Poach Competitors’ Employees

News
Any violative anti-poaching policies after October 2016 expose employers to criminal punishment, warn three Seyfarth Shaw lawyers writing for Bloomberg.

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Sexual Harassment Roundtable: Practical Guidance for Employers

Webinar, March 1, 2018, 1 p.m. EST
Sexual harassment continues to be a significant workplace problem that has moved front and center with continuing prime-time media coverage.

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Littler Launches Pay Equity Assessment Tool

News
The Littler Pay Equity Assessment measures compensation differences between demographic groups, identifies those that are statistically significant, and determines the extent to which these differences reflect legitimate business considerations.

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Love Contracts and Policies on Office Romance: What Can an Employer Do?

Insight
employers must be diligent in making sure that the policies are enforced fairly and without a disparate impact, writes Ashley Robertson Parr for Nexsen Pruet.

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Attempting to Insert New Term into Collective Bargaining Agreement Not Agreed to in Negotiations Violates the Law

Attempting to Insert New Term into Collective Bargaining Agreement Not Agreed to in Negotiations Violates the Law

Insight
A signed agreement serves as an absolute bar to employees filing a decertification petition during the term of the agreement, while an unsigned agreement does not bar such a petition.

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Hunton & Williams Adds Team to National Labor and Employment Practice

News
Hunton & Williams LLP announces the expansion of its national labor and employment practice with the addition of partners Michele J. Beilke and Julia Y. Trankiem and two associates in Los Angeles.

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GC Roles at Large Banks Went Mostly to Women in 2017

GC Roles at Large Banks Went Mostly to Women in 2017

News
The ranks of women general counsel in the Fortune 500 continued to grow in 2017, particularly in the financial services industry, though it remains more male-dominated than other sectors, according to a Bloomberg Law report.

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Will the Supreme Court Deal a Blow to Trade Unions?

Will the Supreme Court Deal a Blow to Trade Unions?

News
The case asks whether public employees who choose not to join their designated union may nevertheless be charged “agency fees” to support collective bargaining.

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A Third of Americans Are Leashed to Their Companies By Non-Disclosure Agreements

Insight
Amy X. Wang, writing for Quartz at Work, says the contracts have been steadily growing in both number and breadth as companies grow warier about competition and proprietary material.

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NDAs Are Out of Control. Here’s What Needs to Change

Insight
Preventing workers from using their knowledge and skills beyond a single workplace is harmful not simply to the worker but to entrepreneurship, competition, and economic growth, writes Orly Lobel in the Harvard Business Review.

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Employer’s Notice of Mandatory Arbitration Program May Be Insufficient to Compel Arbitration

Employer’s Notice of Mandatory Arbitration Program May Be Insufficient to Compel Arbitration

Insight
Something more is required in order to be able to infer the employee’s knowing assent to the new term of employment, the Sixth Circuit ruled.

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Sexual Harassment Settlements are No Longer Tax Deductible

Insight
Settling gender, race, national origin, homosexuality, retaliation, and hostile workplace allegations confidentially is still a tax deductible event. BUT, Sexual harassment settlements are no longer tax deductible!

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Tech Start-Up Fires Engineers Amid Union Organizing Effort

News
The move came less than two weeks after the workers filed a petition to join a CWA unit and days before a union election hearing scheduled for Jan 31,” according to Bloomberg.

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New Research Report: Global Trends in Hiring Outside Counsel

New Research Report: Global Trends in Hiring Outside Counsel

Insight
The Globality report has information on the latest industry viewpoint about hiring outside counsel, That information was gathered from more than 300 GCs from organizations with more than $1 billion in revenue.

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Workplace Litigation Report: The Good and the Bad

Workplace Litigation Report: The Good and the Bad

News
Employers can find good news and some bad news in Seyfarth Shaw’s 14th Annual Workplace Class Action Litigation, which analyzes 1,408 rulings.

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