Archives: Conduct

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NLRB’s Ruling on Workplace Recording Policy Survives Appellate Court Review

Like many employers, Whole Foods maintained a policy that prohibited employees from making audio or video recordings at work.  The purpose of the policy, as explained by Whole Foods, was not to stifle employees, but rather to promote open communications by allowing employees to speak freely without concern of being secretly recorded.  In 2015, the … Continue Reading

The Senior Managers Regime in 2018 … a brave new world of regulation

Andrew Pullman explores the serious people challenges for all financial institutions facing the new senior management rules and regulations in 2018 A New World From 2018, the Conduct Rules laid out in the Senior Managers Regime will apply to all financial institutions – we are expecting further details in June 2017. This is an expansion … Continue Reading

Managing Political Speech In The Workplace

In the current political environment, employers and employees alike may be wondering – what, if any, political conversation in the workplace is acceptable or appropriate?  Tones of “freedom of speech,” “freedom of association,” on one hand, intersect with tenors of “workplace harassment” or simple annoyance, on the other.  Although like the political debates themselves, the … Continue Reading

Two Recent D.C. Circuit Decisions Reverse the NLRB, Restore Common Sense

In two recent decisions out of the D.C. Circuit Court of Appeals, the court reversed the National Labor Relations Board (NLRB or Board), finding that Board’s conclusion that the employers engaged in unfair labor practices in each case ignored simple realities, and instead restored the common sense balance between employees’ and employers’ rights with respect … Continue Reading

Sixth Circuit clarifies: Demanding a supervisor cease harassment is a protected activity

On April 22, the Sixth Circuit Court of Appeals issued a decision that clarifies that, for purposes of Title VII retaliation cases, an employee’s demand that a supervisor stop his or her harassing conduct constitutes protected activity under the statute. Affirming the findings of several district courts in the circuit, the appeals court held that … Continue Reading

Fifty Shades of Grey area – it’s prostitution for tax reasons, virtually

In Poland the Tax Office operates a system whereby you can seek prior confirmation of the tax treatment which would be applied to any proposed business activity.  One such application has recently hit the press, partly because of its subject matter and partly because of the sheer degree of prior consideration which had clearly gone into … Continue Reading

It’s Official: No Porn on the Clock for US Federal Employees

We’ve all seen the seen warning labels on certain consumer products which cause us to shake our heads—“Do not iron clothes on body” and “Do not eat [Apple iPod shuffle.]”  Well come to find out, federal employees may require similar, seemingly unnecessary instruction—no pornography on government computers or electronic devices.  On February 11, 2015, a … Continue Reading

UK’s Coronation Street looks to employment law for next storyline

One of the bastions of British soap opera has seemingly become tired of your run-of-the-mill torrid affaire/grisly murder/dodgy dealings stories and for a bit of dramatic spice has turned instead to the world of employment law. While as lawyers we already know that there is little which makes more compelling viewing than a juicy discrimination … Continue Reading
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