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February 2017

The employment law week in Trumpland started out a little slow, but now we’re back in business.Acosta looking good for confirmation as Secretary of Labor. In contrast to nominee Andrew Puzder, the outlook appears good for his successor nominee...
It won’t take much searching through the archives to find posts discussing the NLRB’s protections for employees’ Facebook posts critical of their employers (here, for example). Protected speech under the NLRA, however, cuts both ways. Section 7 not...
Walter Olson of the great Overlawyered.com sent a challenge over Twitter earlier this week:For those of you who don’t know Mr. Olson, he’s a libertarian.  :-)I have to admit, I needed time to process this! I complain about these...
In 1998, Hawaii became the first state to “ban the box,” prohibiting private employers from inquiring about a candidate’s criminal history until the employer has made  a conditional offer.  It was not for another 12 years before another...
This should have been an open-and-shut case. For the employer, that is, not the employee.Lufkin Industries, Inc., had an employee, William Fisher, who was a 55-year-old African-American. One day, Mr. Fisher got into a verbal tiff with his 31-year-...
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