Bloomberg BNA reported last night that President Trump plans to nominate management-side labor attorney Peter Robb to become General Counsel for the National Labor Relations Board, replacing Richard Griffin, whose term expires this fall.

Mr. Robb is a partner with the Vermont law firm Downs Rachlin Martin, PLLC. (I don't know Mr. Robb, but another (now former) Downs Rachlin attorney ...

I've written about the AARP's challenge to the wellness rules issued by the Equal Employment Opportunity Commission here, here, and here.

Today, the court granted the AARP's motion for summary judgment and denied the EEOC's motion. I have not had a chance to read the opinion, but here it is. I'll be back soon with some real analysis.

Although the court has declared that the rules ...

If you're a private sector employer, you can generally fire an at-will employee for his or her political beliefs or expression. The First Amendment, as we discussed last week, does not limit you. Depending on where you are, there may be state or local laws protecting employees from discrimination based on their political beliefs or activities, but those jurisdictions are the ...

The state of Oregon is the first in the Union to have a statewide "scheduling law." The new law will take effect (for the most part) on July 1, 2018, and will apply to retail, hospitality, and food services employers with operations in Oregon, as long as they have at least 500 employees worldwide. Bob Ortbals, who has been following and covering municipal scheduling laws, has an ...

On August 11, Gov. Roy Cooper signed into law the North Carolina Employee Fair Classification Act. The portion of the legislation that deals with worker classifications will take effect December 31.

The legislation does not change existing definitions of “employee” and “independent contractor” under state law but creates an Employee Classification Section of the North ...

On the recent uproar involving a major, major employer and its recently-terminated employee:

No. 1. Is it a good idea to provide an "open forum" to employees if there are certain topics that are off limits? No. If you want to provide a forum for employees to speak up, but only "within reason," then it's a good idea to establish and communicate your limits in advance. That way, if ...

President Trump endorses the RAISE Act, which would clamp down on legal immigration. The RAISE Act legislation, among other things, would give immigration priority according to a skills-based "points" system and to individuals who speak English. If enacted in its current form, it would be expected to reduce legal immigration to the United States by about 50 percent. Will ...

Since the beginning of the Trump Administration, business owners, employers, and employees alike have been waiting to see what the effects on social policy will be. Of particular interest to employers, and especially federal contractors, is whether the Administration will bring about a more conservative approach to enforcement in the employment arena, including equal ...

Yesterday, I posted about a disability discrimination case that the employer did not really screw up. Even so, a few less-than-optimal moves resulted in an adverse jury verdict that was upheld on appeal.

In Chapter 2 of our series on "employers who didn't really screw up but still lost" is a sexual harassment case that bothers me, involving the Idaho Department of Corrections ...

Just a quick reminder to employers to PRESERVE THEIR RECORDS when litigation is not only pending but also threatened.

If you wait until the sheriff serves you with a summons and complaint, you may have waited too long. "Threatened" includes getting a demand letter from an attorney, or receiving an administrative charge or complaint, or any reasonably objective indication that legal ...