I recently attended a conference session on cybersecurity. The panelists noted that, while organizations may be using best practices now, there is a possibility that a hacker hid something on the organization’s server years ago and is just waiting for the right time to activate it.  In this case, there is seemingly very little that…

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Student Assistants at Private Universities Are “Employees” for Purposes of Collective Bargaining, NLRB Rules Student assistants employed with private universities can be considered “employees” for the purposes of the organizing and collective bargaining, the National Labor Relations Board ruled in a significant decision that overrules existing precedent on the issue. The NLRB’s August 23 decision comes in…

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Number 18: When Is An Employer Liable For Harassment By Its Employees? Although Title VII was passed in 1964, it wasn’t until 1998 that the United States Supreme Court handed down two significant decisions in the companion cases of Faragher v. Boca Raton, 524 U.S. 775 (1998) and Burlington Industries, Inc. v. Ellerth, 524 U.S….

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Category: EEO,

The United States Supreme Court issued its 7-1 decision in Fisher vs. University of Texas at Austin today.  Justice Kennedy delivered the opinion of the Court, Justice Ginsburg dissented, Justice Kagan recused herself. The Court vacated the decision of the Fifth Circuit Court of Appeal which had upheld the University’s consideration of race as one…

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As previously reported, in August 2011 the National Labor Relations Board (“NLRB”) adopted a rule that required most private-sector employers to notify employees of their rights under the National Labor Relations Act by posting a notice where other employee notices are customarily posted, including on the employer’s website.  An employer’s failure to do so would…

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Category: NLRB,