There has been a business trend for a number of years for employers to increasingly allow employees to work at home.  Indeed, cases have even been brought by plaintiffs contending that home work must be allowed as a reasonable accommodation for an employee with a disability.  Now, for the first time, this trend has reversed with fewer employers ...
On December 12, 2017, the NLRB stated that it is publishing a Request for Information in the Federal Register, asking for public input regarding the Board’s 2014 Election Rule (the quickie or ambush election rule).  The Board will seek information from interested parties regarding three questions: 1.   Should the 2014 Election Rule be reta...
The most important person in many federal agencies is not the head of the agency, but the agency’s General Counsel.  For example, it is the General Counsel of the NLRB and the EEOC that decide what cases to prosecute, and what theories to use.  Admittedly, agency tribunals themselves determine the outcome of cases, but the cases never get to the...
There is an epidemic of harassment and harassment claims across the country.  The standard fare for dealing with such claims in the past has been to: (1) have a good policy statement that is well publicized; (2) provide training; and (3) investigate and take appropriate remedial action when complaints arise.  While these are still the basics of ...

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