Friday, October 26, 2012

Athlete’s Workers’ Comp Case Affects MD Employers

Serious pro football fans may remember Darnerien McCants as a backup wide receiver who scored eight touchdowns while making 58 catches for 774 yards in four seasons with the NFL’s Washington Redskins and Philadelphia Eagles. Those who more closely follow Maryland employment law, on the other hand, now know McCants as the catalyst for an expansion in the scope of Maryland worker’s compensation coverage that multi-state employers need to understand.

Monday, October 15, 2012

“Confidential” Internal Investigations: Beware

In a recent decision, the National Labor Relations Board (NLRB or Board) concluded that the common practice among employers of asking all employees who file a complaint or are interviewed as a witness not to discuss ongoing internal investigations violates the National Labor Relations Act (NLRA). As we have discussed in other blog posts, the NLRB has increasingly been reaching beyond unionized workplaces, issuing decisions with broad implications for employers of all types. The Board’s July 30, 2012 decision in Banner Health Systems (available here) continues down this path, presenting an unprecedented conclusion about Section 7 rights that is sure to impact how most employers handle internal investigations.

First NLRB Ruling on Social Media and Protected Activity

On September 7, 2012, the National Labor Relations Board (NLRB) issued a decision in the case of Costco Wholesalers Corporation, ruling that the provision in Costco’s employee handbook that subjected employees to discipline for inappropriate electronic posts violated Section 7 of the National Labor Relations Act (NLRA).