Polsinelli at Work |  Labor & Employment Blog

Employers, whether large or small, face an ever-growing web of workplace regulations and potential entanglements with employees. With employment litigation and advocacy experience as our strength, preventing legal problems from arising is our goal. Our Labor & Employment attorneys advise management on complex employee relations and workplace issues. 20 offices; 800+ attorneys. 

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The NLRB Encourages the Use of its Alternative Dispute Resolution Program

The NLRB Encourages the Use of its Alternative Dispute Resolution Program

By: Adam Merrill

The National Labor Relations Board (“NLRB” or “Board”) is looking to enhance the use of its Alternative Dispute Resolution (“ADR”) program, which was established in 2005 to assist parties in settling unfair labor practice cases before the Board. According to the NLRB, its ADR program has been quite successful: parties who have chosen to participate in the ADR program have reached settlements in approximately 60 percent of cases, with the Board approving the parties’ settlements in each case.

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Time to Dust Off Colorado Physician Liquidated Damage Provisions

Time to Dust Off Colorado Physician Liquidated Damage Provisions

By: Gillian McKean Bidgood

Many Colorado physician employment agreements and equity agreements require physicians to pay liquidated damages if the physician competes with his/her former employer after leaving the organization.  The payment of damages are a work-around of the Colorado statute on restrictive covenants, which provides that a physician cannot be prevented from practicing through a restrictive covenant, but permits an organization to require a physician to pay for damages caused by termination of the employment or equity agreement, including damages caused by competition. Two recent legal developments suggest that health care organizations should take a look at their agreements that contain damages provisions for Colorado physicians. 

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Supreme Court Rules Unions Cannot Require Financial Support From Non-Member Public-Sector Employees

Supreme Court Rules Unions Cannot Require Financial Support From Non-Member Public-Sector Employees

By: Mark Nelson and Andrew McKinley

Today, the United States Supreme Court ruled unions cannot compel public employees they represent but who are not members to pay “agency fees,” which cover the cost of collective bargaining and processing grievances.  In Janus v. American Federation of State, County, and Municipal Employees, Council 31, No. 16-1466, the Court overruled its 1977 decision that permitted unions to extract agency fees from non-consenting, non-member employees they represented. 

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Six Steps Employers Can Take In Advance of a DOL Audit

Six Steps Employers Can Take In Advance of a DOL Audit

By: Carol Barnett

If an employer is being audited by the US Department of Labor (DOL), there are several steps the employer can take to proactively prepare for and ultimately defend its practices: 

1. Review immediately and react to the audit request. Carefully review the DOL’s audit request and promptly advise management and legal counsel. In certain circumstances, the employer may work with the auditor regarding scheduling the date(s) of the audit.  

2. Provide responsive existing documents; check your employee rights posters.  Work with legal counsel to provide documents responsive to the auditor’s request for information.  Note employers are not required to specially create new documents for an audit.   Prior to the visit by the DOL, ensure applicable employee rights posters are displayed, including Family and Medical Leave Act (“FMLA”) rights (if the FMLA applies to your business).

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The Devil is in the Details: Arbitration Agreements Ruled Invalid Over Signatures

The Devil is in the Details: Arbitration Agreements Ruled Invalid Over Signatures

By: Michael J. Lorden

Employers, dust-off your arbitration agreements and take a second look at the signature line. Is it signed by both parties? Did the employer representative sign on behalf of the correct corporate entity? If the answer to either of these questions is “no,” then the arbitration agreement may be unenforceable.

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