Antifraternizing policies and at-will employment: counseling for a better relationship

Article Abstract:

Employers' antifraternizing policies are best addressed through state legal activities laws, which would prohibit taking adverse action against employees for romantic relationships with co-workers or clients, except for cases of conflict of interest. Policies against employee fraternization are both unfair and inefficient and also threaten privacy interests as well as the personal autonomy of employees. State legal activities laws protect employees' rights to engage in political activities, including unionizing activities, and should be extended to cover such private relationships as well.

Legal Protection, Interpretation and construction, Cases, Human resource management, Corporate counsel, Labor law, Sex in the workplace, Workplace sex

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Termination of employees immediately rehired by buyer in asset sale transactions not subject to WARN Act

Article Abstract:

The US Court of Appeals for the Ninth Circuit ruled in International Alliance of the Theatrical & Stage Employees & Moving Picture Operators v. Contact Video Services that the sale of assets to a new company did not trigger employee notification obligations under the Worker Adjustment and Retraining Notification Act. The majority distinguished the sale of assets from the sale of the business. The dissent argued that the Act was triggered because the employees were not offered positions as part of the sale of assets but were encouraged to apply for positions with the buyer.

Laws, regulations and rules, Employee dismissals, Employment terminations, Employment at will, Business sale, Employee reinstatement

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