Dear Santa

John Alan Doran Dear Santa, We all got together and put together our wish-list for your visit.  We realize it’s been a fascinating year on the Labor & Employment front.  And we don’t want to seem greedy (and end up on the naughty list) in light of all the recent developments in Labor & Employment […]

Outrage No Substitute for Relevance

By Patrick Scully The NLRB General Counsel’s Division of Advice recently rejected a union’s claim that it was entitled to receive financial data regarding an employer’s intended use of government largesse resulting from the federal Tax Cuts and Jobs Act (“TCJA”).  The employer had announced plans to use some of the tax benefit to pay […]

Corporate Mole Bound by Preliminary Injunction

By Bill Wright We’ve seen it over and over.  Employees, including top sales people, leave their job and start a competing company in the same city.  But they want to take “their” clients with them. In a recent Pennsylvania case, the departing employees left a confederate inside the old employer. The inside man told the […]

The Importance of Reporting Procedures

By Matthew Hesketh Employee Handbooks should have procedures for reporting harassment, and employers should take prompt remedial action once the procedures are initiated by an employee.  Employers who take such action may escape Title VII liability even in cases where an employee can show harassment.  That’s the lesson from a District Court decision last month […]

EEOC Commissioner Charge Trickery Called Out

By John Alan Doran Back in 2012, the EEOC issued BNSF a “Commissioner’s Charge,” saying it would investigate purported ADA violations by the railroad.  For several years, BNSF cooperated with the EEOC’s numerous information requests.  During the investigation, BNSF provided the EEOC with the names of 54 BNSF employees, but only after receiving written assurances […]