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BT Currents - Hot Topics in Employment Law

05 Jun Are You Recording This Conversation?

  Most of us expect to engage our colleagues without concern that our workplace conversations are secretly recorded. However, today everyone has a smartphone that readily allows for spontaneous photographic, video, and audio recording.   Until recent times, attorneys generally advised clients that it was appropriate to insist that workplace conversation not be recorded. Employers took the position that a team culture did not support recording conversations; colleagues need to be able to speak freely with each other at work.   That argument just lost-out…

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17 Feb New Nominee, New Path to Confirmation – Acosta Draws Initial Support From Management and Labor

  In sharp contrast to his predecessor, new Labor Secretary nominee Alexander Acosta has received initial support from both management and labor. Management views Acosta’s private sector experience combined with his political views as reason to believe that he will adopt a more management-friendly stance. Labor is looking to Acosta’s past government service as a sign that he will enforce labor laws. In a statement yesterday, Acosta said, “I thank the president and his staff for their confidence in me and I am eager to…

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16 Feb Trump Announces Alexander Acosta as Labor Secretary Nominee After Andrew Puzder Withdraws

  At a press conference, President Trump announced Alexander Acosta as the new nominee for labor secretary. Acosta is currently the dean of the Florida International School of Law and previously served as a member of the National Labor Relations Board and later assistant attorney general for the Civil Rights Division through appointments by President George W. Bush. If confirmed, he will be the first Hispanic member of Trump’s cabinet.   Yesterday, just one day prior to his Senate confirmation hearing, Andrew Puzder withdrew as…

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17 Nov The World According to Trump: Could the Obama NLRB’s Pro-Union Rulings be Undone?

  There is no shortage of buzz going around about what impact President-elect Donald Trump might have at the National Labor Relations Board. Does Trump’s election mean the Board’s controversial decisions (e.g. Browning-Ferris, D.R. Horton) of the past eight years will be undone? As my colleague Jerry Lutkus blogged earlier this week, it is likely that Trump quickly will move to change the composition of the Board to a Republican—and thus more pro-employer—majority. However, a change in the composition of the Board does not equal…

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15 Nov The World According to Trump: Trump’s Impact on Traditional Labor

  The NLRB has been a quintessential symbol of organized labor in the United States. Under President Obama, the NLRB’s resurgent influence under President Obama breathed new life into unions, and extended its reach of employee-friendly policies into non-union businesses. What can we expect under President Donald Trump?   It is worth noting that the election statistics show President-elect Trump’s success stemmed, in part, from uncharacteristic support of union households, who were apparently determined to regain protections for the working class. Now that Trump emerged…

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