Labor Letter - September 2012

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In This Issue:

- When “Let’s Keep It Quiet” Is An Unfair Labor Practice By Ray Haley (Louisville):

On July 30, 2012, the National Labor Relations Board (NLRB) issued a bad decision for any employer that expects employees to maintain the confidentiality of internal investigations (such as investigations of employee misconduct, allegations of discrimination, and the like). In Banner Health System the Board held that a blanket rule prohibiting employees from discussing an ongoing investigation violated their legal rights, unless “legitimate and substantial justification exists.”

- Depositions 101: Six Things You Need to Know About Depositions By Jennifer Achtert (San Francisco):

If you are a manager or in Human Resources (or both!) long enough, it’s almost inevitable that you will need to appear for a deposition.Although your attorney will meet with you to prepare for the deposition – more on that below – it can be helpful to have an idea of what to expect even before that meeting. This article gives you six key pieces of information about being deposed...

- Supervisor-Subordinate Relationships: Never A Good Idea By Rich Meneghello (Portland, OR):

Since many people spend most of their waking hours at the office, and often spend more time with coworkers than family members, it’s not unusual for workplace romances to blossom. But if that romance is between a supervisor and a subordinate, it could easily be a disaster waiting to happen. In fact, a prime example of how things can go south recently arose in Oregon’s House of Representatives...

- Fighting Back Against Cybersmears By Spencer C. Skeen and Timothy L. Johnson (San Diego):

Good, honest, and loyal employees are the greatest asset of any company. Unfortunately not all employees are great. Some are dishonest; others are vindictive. Not surprisingly, ex-employees who are fired due to dishonesty are the most likely ones to post a defamatory blog about their former employer...

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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