Between the Lines Blog

Can You Discipline Employees for Workplace Outbursts? NLRB Says It Depends on the Setting
Category: Employment
Imagine that an employee in a workplace meeting stands up, and in a profanity-laced tirade, calls the manager in the meeting several names not fit for print. Most employers would immediately discipline, if not fire, that employee for violations of any number of workplace rules, such as…
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Preparing for Compliance With the PUMP Act and Pregnant Workers Fairness Act
Category: Employment, Legislative Updates
Pregnant workers are currently protected under various acts including Title VII, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act of 1993 (FMLA), and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP). With all of these acts, gaps still exist in the…
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ChatGPT in the Workplace—A Legal Minefield! What You Need to Know to Protect Your Business
Category: Artificial Intelligence (AI), Employment
As artificial intelligence (“AI”) technology continues to advance, more and more people are logging on and experimenting with the technology. ChatGPT, one free and popular AI, is reportedly the fastest-growing consumer application in history.[1] But it is also ripe for abuse in the workplace. For…
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Subjective Criteria for Hiring Decisions or RIFs May Be Problematic
Category: Employment
Mergers and acquisitions bring lots of financial opportunity, but they can sometimes result in upheaval in the workforce as the new entity determines whether it will operate business differently from its predecessor. If the new business decides to change the workforce, how should it make those…
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Should You Enforce a Non-compete Agreement Through Arbitration or Litigation? An Examination of the Not-So-Obvious Answer to This Recurring Question
Category: Employment, Litigation
When a non-compete agreement contains an arbitration clause, this raises the issue of whether the non-compete should be enforced through arbitration or litigation. This is an obvious threshold question with an answer that is not so clear. This blog post explores the pros and cons of enforcing…
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