Legal Updates

Just post it: NLRB requiring that employers provide notice of employee rights

As if there weren’t already enough postings required for workplaces, the NLRB has now joined the party.  On August 25, 2011, the NLRB issued a final rule that requires employers to inform employees of their rights under the National Labor Relations Act.  Employers have until November 14, 2011 to post the required notice.

Who Must Post What?

The rule applies to the majority of employers covered by the Act, regardless of whether the employer has any union employees.  As the NLRB noted previously, the rule is designed to capture the “great majority” of small businesses in the United States.

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Intellectual Property Update

Louboutin sees red: signature red sole shoes not protected against copyright and trade mark infringement

By Alexia Marinos of Gadens Lawyers, Sydney

Nowadays, it seems common to see women of all ages strutting around the city with red soled shoes.  For some people, seeing red soled shoes means nothing.  However,  the fashion savvy  will be quick to recognise  that the owner has probably paid a small fortune for their shoes, produced by exclusive French designer, Christian Louboutin.             read more


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Property Update

Progress towards e-conveyancing

By Chris Fabiansson of Gadens Lawyers, Sydney

A new project has been launched designed to streamline conveyancing procedures through the use of an online system.  The initiative is called ‘PEXA’ (Property Exchange Australia) and is projected to be operational nationwide in 2012.  read more…


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Workplace Relations Update

Facebook sacking upheld by Fair Work Australia
By Michael Cooper of Gadens Lawyers, Sydney

The growth in the use of social media continues to present difficulties for employers in managing their employees’ social media activities.  This is especially the case when managing reputational damage that may be caused by an employee’s social media activities outside of working hours.  In a well publicised decision, Fair Work Australia has recently upheld an employer’s decision to dismiss a retail worker for his facebook tirade. read more

You want me to work on a public holiday! That’s unreasonable – or is it?

By Stewart Rickevich of Gadens Lawyers, Brisbane and Meryl Remedios of Gadens Lawyers, Sydney

In the first decision of its kind, Fair Work Australia has considered whether an employee’s refusal to work on a public holiday was reasonable in an application for an unfair dismissal remedy.  The case arose when an employee was summarily dismissed after failing to attend work on Christmas Day and Boxing Day as his employer had requested. read more

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Not for Profits Update

Social enterprises and charitable outcomes: social finance in Australia

By Jon Cheung & Arthur Koumoukelis of Gadens Lawyers, Sydney

The increase in prominence of social enterprises in recent years has provided new opportunities for charities and not-for-profits to carry out their mission objectives.

read more…


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Labor and Employment Alert: NLRB Issues Final Rule Requiring Employers To Post Notice of Employees’ Rights

NLRB issues final rule requiring employers to post notice of employees’ rights

On August 25, 2011, the National Labor Relations Board (the “Board”) issued a final rule (the “Final Rule”), which requires employers to inform employees of their rights under the National Labor Relations Act (the “Act”). This Final Rule was designed to close a so-called “knowledge gap” in the workforce. The Final Rule contains minor changes from the Board’s Proposed Rule on this topic.

Click here to view our previous Alert regarding the Proposed Rule, “Ready or not, here they come – NLRB issues new Proposed Rule to revamp the union election process.” The Final Rule is expected to take effect on November 14, 2011.

Who must post?

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New NLRB Poster Requirement

Arnstein & Lehr attorney E. Jason Tremblay

E. Jason Tremblay

On August 27, 2011, the National Labor Relations Board (“NLRB”) adopted a rule, which becomes effective as of November 14, 2011, that requires employers to notify employees of their rights under the National Labor Relations Act (“NRLA”). This Notice requirement applies to millions of private-sector employers that fall under the jurisdiction of the NLRA. The Notice is to inform both unionized and non-unionized employees of their rights under the NLRA and, specifically, provides that employees have the right to act together to improve wages and working conditions, to form, join and assist a union, to bargain collectively with their employer, and to refrain from any of these activities. The Notice also provides examples of unlawful employer and union conduct and instructs employees on how to contact the NLRB with questions or complaints.

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Federal Law Now Recognizes the Employee-Union Representative Privilege

Arnstein & Lehr attorney E. Jason Tremblay 

E. Jason Tremblay

In a case of first impression, the Northern District of Illinois recently held in Bell v. Village of Streamwood (Case No. 10 C 3263) that an employee-union representative privilege exists as a matter of federal common law. In so holding, the Court reasoned that a union representative’s role is not unlike that of an attorney, and that there is a strong interest in encouraging an employee accused of wrongdoing to communicate fully and frankly with his or her union representative. Therefore, the Court held that the employee-union representative privilege would extend to communications made: (1) in confidence; (2) in connection with “representative” services relating to anticipated or ongoing disciplinary proceedings; (3) between an employee and his or her union representative; (4) where the union representative is acting in his or her official representative capacity. Moreover, similar to the attorney-client privilege, the employee-union representative privilege is somewhat limited in that it only extends to the communications, not to the underlying facts and issues.

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Limited Liability Individual Company

On July 11th, 2011, Law # 12.441 changed the Brazilian Civil Code currently in force, creating the figure of the limited liability individual company. In Portuguese, this type of company is called “empresa individual de responsabilidade limitada,” which is being referred to by the initials “EIRELI.”

Individuals have been always able to constitute companies with only one partner, which were called, before the changes introduced in the Brazilian Civil Code in 2002, “firma individual.” After such changes, the designation for such type of company changed to “empresário individual.” Either way, the liability of the individual was unlimited, that is, the patrimony of the individual could be seized for the payment of debts made in name of the company.

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Russian Law Review

Russian Law Review

* March 2011 – June 2011

For the full review, please click here.

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