The NLRB Joint Employer Ruling
On Aug. 27, the NLRB issued a sweeping decision that expands the definition of "joint employer" for purposes of the National Labor Relations Act (NLRA). Here's what you need to know.
NLRB General Counsel Shines Guideline Light on Employer Work Rules
The NLRB general counsel recently issued a 30-page memorandum setting forth guidance on employers' internal personnel policies to ensure compliance with the National Labor Relations Act. The report is relevant to nearly all private employers, regardless of whether they have union-represented 'employees. We conclude our discussion of the report herein.
Employees with Duty to Report Bias Protected from Retaliation
The "manager rule" purports to address a concern that, if counseling and communicating complaints are part of a manager's regular duties, then "nearly every activity in the normal course of a manager's job would potentially be protected activity," and "an otherwise typical at-will employment relationship could quickly degrade into a litigation minefield," according to <I>Hagan v. Echostar Satellite</I>.
Mental Health Issues in the Workplace
Many employers seem almost paralyzed by the fear over whether and how to raise the issue of mental illness with an employee. If the mental illness is having adverse impacts in the workplace, however, not addressing the issue can compound the problem or, in rare circumstances, lead to tragic consequences.
Advancement Claims Not Entitled to Priority in LLC Receivership
In two recent Delaware Court of Chancery decisions, Vice Chancellors Donald F. Parsons Jr. and Sam Glasscock III both concluded that the claims for advancement were not entitled to priority treatment as administrative expenses of the receivership. The cases underscore the importance of obtaining D&O liability insurance regardless of the existence of advancement and indemnification provisions in the entity's organizational documents or the party's employment agreement.
Managing Security Risks During Labor Disputes
Every company with union workers faces the risk of a labor dispute. Identifying any business risks and then managing them is a priority for executive decision-makers who must ensure that the company delivers its promises to stockholders, customers, and employees.
New York State's New Maintenance Legislation
The New York Legislature recently passed a bill essentially providing for a complete overhaul of the law in the State of New York pertaining to maintenance under Domestic Relations Law ' 236 and spousal support under Family Court Act ' 412.
The Attorney-Client Privilege
Despite the ubiquitous nature of the attorney-client privilege, attorneys generally understand far less about the nuances of the invocation of the attorney-client privilege than they should, particularly in the context of interacting with former employees of a corporate client.
Advanced Payments Denied Priority
Advancement claims of executives are not entitled to priority over other claims against an entity in receivership, the Delaware Court of Chancery has ruled in a case of first impression.
