Discipline & Termination

Recent guidance issued by the NLRB General Counsel Peter Robb, the NLRB’s chief prosecutor, is a continuing testament to the NLRB’s impact on the changing legal landscape regarding workplace rules. On June 6, 2018, Peter Robb issued a 20-page Memorandum to the NLRB Regional Offices titled “Guidance on Handbook Rules Post-Boeing.”


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Embracing mediation as a way to avoid litigation is not a sure-fire solution as one employer recently learned. See Unite Here Local 30 v. Volume Services, Inc., No. 16-55528 (9th Cir. January 26, 2018). Mediation is often employed as an alternative method of dispute resolution for its perceived advantages over traditional lawsuits (e.g. it can be quicker, less expensive and less formal than a court-driven process). For these reasons and others, many labor unions and employers frequently choose mediation as an alternative to arbitration.

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Our Baker McKenzie colleagues in our London office just shared their January 2018 Employment Law Update. Find it HERE.

Highlights include:

  • Increases to statutory payments for time off work
  • Tribunal claims: volume of claims increasing following abolition of tribunal fees
  • Brexit: proposed technical changes to employment laws published
  • Gender pay gap reporting: pressure

A recent Court of Appeal decision in the UK (Tillman v Egon Zehnder Limited) found that a post-termination non-compete restriction was unreasonably wide (and therefore unenforceable) on the basis that there was no carve out for shareholdings in the typically broad restriction which provided that the employee could not “directly or indirectly engage

The Fifth Circuit held Monday, August 8, 2016, that employers who prohibit workers from storing guns in locked vehicles may be subject to wrongful discharge claims.  The decision was based on the Mississippi Supreme Court’s interpretation of a Mississippi statute, but Texas employers should take note—Texas has the same statute, potentially resulting in the same holding.
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Catch ’em all!  Pokémon Go is a mobile game that uses “augmented” reality to create a virtual scavenger hunt.  In the quest to catch ’em all, over 15 million people have downloaded the Pokémon Go game since its recent release.  Employers have grappled with employees’ personal use of electronic devices during work hours since gaming

President Obama signed the Defend Trade Secrets Act into law on Wednesday, adding another layer of protection for companies’ trade secrets and garnering near-unanimous support in Congress.  So what’s in this legislation that managed to bring the parties together, and more importantly, what does it mean for employers?  Here are 5 key takeaways from the DTSA.
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So you’ve determined the employees who will be included in the layoff and determined any WARN obligations . . . now what?  While its often brushed aside as an administrative exercise, employee final pay is a significant action that is full of traps for the unwary.  Governed by the Texas Payday Law, failure to properly provide final pay can subject a company to civil liability of up to $1,000 per violation, and, if intent is shown, criminal liability.  Fortunately, the Texas Payday Law provides guidance on how to handle a number of common questions regarding final paychecks.
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