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Littler Survey Reveals Employers Caught in a Tangled Web of Federal, State and Local Laws

Insight
Littler’s sixth annual survey of more than 1,200 employers finds growing uncertainty as a new administration and various technological and social changes reshape the workplace,

House Republicans Just Voted to Change Overtime Rules for Workers

News
The bill could make it legal for workers to choose between an hour and a half of paid comp time and time-and-a-half pay when they work additional hours, The Washington Post reports.

Restrictive Covenants Can Swing Both Ways: A 3-Step Plan To Avoiding Legal Risks When Onboarding New Employees

Insight
Increased media attention on the practice of forcing lower-level employees to sign non-compete covenants, combined with the widely publicized report on non-compete restrictions issued by the Obama White House in its waning days, has led to an increase in the number of reported cases, writes Michael Elkon with Fisher Phillips.

Ruling Against Acting NLRB GC Offers Opportunity for Employers

News
Employers who want to challenge their unfair labor practice complaints may want to delay their cases from being heard, according to a source quoted by the Society for Human Resource Management.

8th Circuit: No Contracting Out of WARN Act Obligations Where Sale of Business is ‘Going Concern’

News
Companies considering purchasing a business should carefully consider the intent of the proposed transaction when assessing their WARN Act obligations, according to a post on the website of Winston & Strawn LLP.

Houston Janitorial Service Wins $7.8 Million from Union Over Disparagement

News
A Harris County jury has delivered a $5.3 million verdict against the Service Employees International Union (SEIU) for wrongly disparaging Professional Janitorial Service of Houston when the company refused to recognize the union without a secret ballot by its employees.

On-Demand: Managing Workplace Harassment: Trends and Objectives in 2017

On-Demand
The video covers strategies for developing policies and plans for training departments and employees to minimize and manage workplace harassment, and understand when disciplinary actions should be taken.

Gorsuch Often Sided With Employers in Workers’ Rights Cases

News
Worker’s rights opinions written by Judge Neil Gorsuch, President Donald Trump’s pick for the Supreme Court, are often sympathetic but coldly pragmatic, and they’re usually in the employer’s favor, according to a review conducted by the Associated Press.

Investigating Discrimination Complaints: Some Special Considerations

Insight
The investigation of discrimination complaints requires sensitivity to some special considerations that will not always apply to other complaints, according to an article published by Lynch Service Company.

Disparate Treatment and Disparate Impact Are Tests for Discrimination

Insight
Disparate treatment and disparate impact are two very different types of employment discrimination that use two very different tests to determine if illegal discrimination has occurred and if an employer may be liable for such discriminatory conduct, according to an article published by Lynch Service Company.

Last-Minute Block of Overtime Rule Means Uncertain Future for Many Businesses

Insight
Businesses that have not yet implemented changes now have breathing room to wait for a final ruling from the courts. However, those that have already altered employee pay should think carefully before reversing already announced pay changes.

Employers: Don’t Make Promises You Can’t Keep

Insight
Laura Bartlow of Zelle LLP writes in a post on JDSupra that the very first item on her list of rules for employers is this: Don’t make promises to your employees that you can’t or won’t keep.

NLRB Administrative Judge Finds Employee Facebook Post Was Protected Speech

News
A recent decision by the National Labor Relations Board attempts to define further the boundaries of protected speech under the National Labor Relations Act, reports Seyfarth Shaw in its Employment Law Lookout blog.

Littler Adds Two Shareholders to Kansas City Office

News
Littler has added Jeffrey D. Hanslick and Curtis R. Summers as shareholders in the Kansas City office. The addition follows the arrival of shareholder Anthony Romano who joined the firm’s Kansas City office in August.

Newly Organized Employer Must Bargain Discretionary Employee Discipline Pre-First Contract

Insight
Jackson Lewis reports that, prior to entering into a first contract, an employer has a statutory obligation to bargain with the union that represents its employees before imposing discretionary “serious discipline” (such as suspension, demotion, or discharge) on any of those employees, the National Labor Relations Board again has held.