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Member Articles


Supreme Court Ruling Limits NLRB’s Ability to Obtain Preliminary Injunctions Against Employers

Authors: Jonathan Turner and Eric D. Engelman In a closely watched case, the Supreme Court ruled against the National Labor Relations Board (“NLRB” or Board) and in favor of Starbucks on the question of what the NLR ...

Preventing Workplace Bullying in a Remote Working Environment

The Fair Work Commission (FWC) has recently, in Harrison v The Trustee for UBT Marketing Trust, considered the potential for workplace bullying to occur in remote working environments.[1] While the FWC ultimately held th ...

Contractor vs Employee: The Label Is Not Determinative

A Full Bench of the Fair Work Commission (FWC) has recently been required to consider whether a worker, who had signed two contracts describing her as an independent contractor, was in fact an employee.[1] Although the t ...

California Court Strikes Down Employer’s Arbitration Agreement, Causing Employers to Review Their Agreements for Compliance

On May 24, 2024, the California Court of Appeal held that USC’s arbitration agreement with its employee, Pamela Cook, was unenforceable. USC requested that the court reconsider its decision, and on June 13, 2024, the C ...

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