The February 2013 edition of the Employment Flash focuses on several court and NLRB decisions affecting a range of labor and employment issues, including noncompetition agreement enforceability, record-keeping disputes for both exempt and non-exempt employees, mixed-motive terminations and other matters. We also discuss several union-related issues, including an NLRB ruling differentiating individual union member statements made on the picket line versus on a social media platform like Facebook.

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