California Employment News: How to Draft Employee Disciplinary Records to Protect Your Business
Susan Roberts on Creating a Compliance Program Book
Political and Controversial Activity in the Workplace [More with McGlinchey Ep. 11]
I-17 – Engaging Your Employees in Today’s Workplace, Featuring Rick Turner at Whirlpool Corporation
Day 22 of One Month to Better Compliance Through HR-10 Questions to Better Operationalize Compliance
Day 21 of One Month to Better Compliance Through HR-the HR Gap Analysis for Compliance
Operationalizing Compliance Through Your Tone in the Middle
Day 11 of One Month to Better Compliance Through HR-the Fair Process Doctrine
Day 7 Of One Month To Better Compliance Through HR - Six Principles For Compliance Incentives
Ten Hallmarks of an Effective Compliance Program-Hallmark 6
Episode 155-Mara Senn on FCPA Investigations and the Decision to Self-Disclose
On February 14, 2025, the Acting General Counsel of the National Labor Relations Board (“NLRB” or the “Board”) issued General Counsel Memorandum 25-05 (“GC 25-05”), which rescinded dozens of previously issued memoranda and...more
On May 1, the National Labor Relations Board issued a decision that will restore protection for employee misconduct when it occurs during protected concerted activity. In Lion Elastomers LLC II, the Board overruled 3-1 a...more
A ruling of the National Labor Relations Board in favor of an employee fired for using vulgar language on a company bulletin board was affirmed in August by the U.S. Court of Appeals for the District of Columbia Circuit. ...more
Does anyone feel like they’ve seen this movie before? On September 6, the National Labor Relations Board (NLRB or “the Board”) announced a notice of proposed rulemaking that dramatically changed the joint employer analysis...more
Election season is in full swing and the climate is certainly charged. In this episode of “More with McGlinchey,” Labor and Employment attorneys Mag Bickford, Rasch Brown, Camille Bryant, and Kathy Conklin discuss employees’...more
In a critical reversal of Board precedent, the NLRB just unanimously held that employees engaging in abusive conduct in the course of protected concerted activities are not automatically shielded from discipline under the...more
Haven’t updated that employee handbook in a while? Need to review it to make sure it is accurate? What policies actually need to be in a handbook? These are some of the questions that employers regularly face – or at least...more
As we noted last week, one of the more controversial Obama-Board rulings expanding joint employer liability was overruled this past week. In a widely-predicted 3-2 decision (Miscimarra, Kaplan, Emanuel), the NLRB,...more
Use of profanity by employees, whether in the workplace, outside the workplace, or on social media, presents difficult legal issues for the employer, as highlighted by a recent Second Circuit Court of Appeals decision...more
This past week, the D.C. Circuit Court of Appeals issued an important decision addressing two on-the-bubble workplace confidentiality policies – one which made the cut, while the other one made its way over to the legal...more
The NLRB’s Decision In Browning-Ferris Industries Of California (2015) One Month Later: Is The Sky Falling For Employers? - The short answer to the question is, “Not yet.” Browning-Ferris Industries of California, Inc....more
Most school administrators would be shocked to learn that the National Labor Relations Board (NLRB) could, in some circumstances, find that their school engaged in an unfair labor practice for disciplining or terminating an...more
Under the National Labor Relations Act, certain union activities are considered “protected.” That is, employees engaging in union activity, or union representatives carrying out their duties in the context of grievance...more
As if compliance officers do not have enough on their plates. I have written about this before – the risks of interfering with employees’ “protected activity” on social media. What a nightmare and what a maze of confusion!...more
The National Labor Relations Board (NLRB) recently issued a pair of decisions helping to clarify the limits on employers’ ability to (1) discipline employees for their social media activities and (2) implement confidentiality...more