When does the National Labor Relations Act protect as “concerted” the workplace complaints of a “lone wolf”? More often than you think.
When does the National Labor Relations Act protect as “concerted” the workplace complaints of a “lone wolf”? More often than you think.
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Federal anti-discrimination laws protect people, not the content of their speech. Amy Wax, a Penn law professor (who, frankly, should have known better) just learned this lesson the hard way.
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403(b) plans and lifetime income programs suffer a similar malady: both sorts of arrangements operate in a sort of “exception” environment, where they rely upon atypical application of the standardized qualified plan rules in order to effectively work. This means that these programs are not typically amenable to broad and sweeping policy statements of the…
The rapid adoption of AI notetaking and transcription tools has transformed how organizations (and individuals) capture, analyze, and share meeting and other content. But as these technologies expand, so too do the legal and compliance risks. A recent putative class action lawsuit filed in federal court in California against Otter.ai, a leading provider of AI…
Norah and I chat about our summer, which included a trip to Boston + a trip to Peniche, and her getting settled in for her sophomore year away at college. It also included some unwanted visitors getting to know Norah…

Many people think of Labor Day as the unofficial end of summer, filled with barbecues, travel, and retail sales. But Labor Day holds considerable legal and historical significance that is worth revisiting this time of year. As a federal holiday created to honor the labor movement and its pivotal role in shaping the workplace protections…
In Flannery v. Peco Foods, the 8th Circuit just provided a sharp reminder of how far the gap can be between what’s “legal” for individuals and what’s protected in the workplace.Flannery was fired after a drug test showed THC in his system. He said it came from CBD oil, pointed to the company handbook,…
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Artificial Intelligence (AI) is increasingly present in our professional lives—whether in recruitment, human resources management, task automation or decision-making. Employees use AI to enhance their efficiency or to assist with repetitive tasks, often without informing their managers.
AI in the workplace utilises a range of tools, including:
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Arnett Moore, a 51-year-old Baptist Black man, worked as a Division Manager for Avon. When Avon restructured, the company compared the performance of division managers in the region. Moore’s numbers came in last. The decision-makers documented the process, applied objective sales data, and had multiple levels of approval. As a result, Avon fired Moore.
Moore…