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Edwin Hopson
U.S. Senators File Brief Seeking to Invalidate the President's Recess Appointments to NLRB

On September 26, 2012, U.S. Senate Minority Leader, Mitch McConnell, announced that he and 41 other Senators had filed an amicus curiae brief in the U.S. Court of Appeals for the District of Columbia in Noel Canning v. NLRB , Nos. 12-1115, 12-1153, challenging...

Jon Hyman
Firing an employee? Tell them! (don't Milton the termination)

Office Space is one of the great movies about the modern workplace. One of its key plot lines involves sad sack employee Milton Waddams, who mumbles through the movie about his missing stapler and ever-moving desk. Amazingly, the company had laid off...

Robin Shea
Face the Bloggers: Employment and labor questions for the candidates (Ryan)

This week, several of us bloggers ( Dan Schwartz , Donna Ballman , Eric Meyer , Jon Hyman , and I) will be choosing a debate question on a labor and employment law topic for each of the Presidential and Vice Presidential candidates. DISCLAIMER: I have...

Jon Hyman
Pay attention: NLRB issues its second social media decision in a month (Knauz BMW)

Late last week, the NLRB issued its second decision in a case involving employee use of social media. In Karl Knauz BMW , the Board concluded that the firing of a BMW salesman for photos and comments posted to his Facebook page did not violate federal...

Margaret (Molly) DiBianca
A Good Week for California's Pro-Labor Movement

Last week was a busy one at the Governor's office, where Governor Jerry Brown signed into law no less than three new laws with a pro-labor, pro-employee theme. The first two laws were a package deal, making California is the first State to enact legislation...

Abbey Spanier
Unconscionability Defense Preserved by California Court

On February 28, 2012, a California appelate panel refused to enforce an arbitration provision as unconscionable in Mayers v. Volt Management Corp. , _ Cal.App.4th _ (Feb. 2, 2012) . That's big news. It was not obvious that this defense survived the...