|Oct. 20, 2018 | www.fisherphillips.com|
“A simple PC contains a kind of ‘undead’ spectral domain of deleted texts which nevertheless continue to lead a shadowy existence, ‘between the two deaths,’ officially deleted but still there, waiting to be recovered. This is the ultimate horror of the digital universe: in it everything remains forever inscribed; it is practically impossible to get rid of….”
There is little doubt that the National Labor Relations Board (NLRB) is making its impact felt – even if your company never sees a union. By expanding its concept of “concerted protected activity,” the Board has staked out new territory for investigating union and non-union entities alike. And if the NLRB determines you have violated the law, they have ways of making your life miserable.
A recent controversy over the hit Broadway show “Hamilton” can teach employers a valuable lesson about hiring and making other employment decisions. The producers of the show were accused of discriminatory hiring practices when a casting call sought “nonwhite” performers to appear for auditions. Although no legal action was initiated, the situation can offer guidance to employers regarding when (if ever) you can take protected categories such as race, national origin, age, religion, or gender into account when making personnel decisions.