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What I've Been Reading This Week



Tipped Employees Under the FLSA

Good article by Kara Maciel and Jordan Schwartz on how tipped employees are handled under the Fair Labor Standards Act.  In particular, note the breakdown of several states that have growing litigation on this topic, including Hawaii's Supreme Court which handed down a significant ruling on the issue in a case from earlier this year.


Just Cause Termination and Unionized Employees

This article analyzes the "seven tests" of just cause termination, predominantly focused on the just cause termination of unionized employees.  


NLRB's Change in Tone Regarding Employer Friendly E-mail Decision

Bryan Symes examines how Richard Griffin, the NLRB's newly confirmed top attorney, might handle another case that deals with an employer's decision to prohibit its employees from using the company e-mail system for union solicitation.  Note that this issue had been addressed previously in Register Guard, 351 NLRB No. 70 (2007) and provided a favorable ruling for employers.  From all appearances, Griffin would likely reach a different conclusion. 

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