In New York State, employers must give workers time off
from work to serve as jurors. Under specified circumstances, employers in
New York must pay certain wages to employees serving as jurors. Further,
employers in New York must give unpaid time off...
Last Friday, Labor Secretary Hilda Solis released the
following statement about the Dukes v. Wal-Mart decision on the DOL's Work in
Progress blog :
The Court's decision in the Walmart lawsuit made no
ruling on whether America's largest...
NLRB Proposes to Change Its Election Case
On June 22, 2011, the NLRB issued a notice of proposed
rulemaking to amend its rules when processing a union election petition. (See 76 F.R. 36812 .) According to the notice...
On June 24, 2011, New York Governor Andrew Cuomo signed
into law the Marriage Equality Act, Bill No. A08354 . Effective
July 24, 2011, the Marriage Equality Act (also referred to in this post as "the
Marriage Equality Act" or "the Act"...
I talked last week with Steve
Berstler , the producer and anchor of LexisNexis® Legal News audio podcasts,
regarding the Supreme Court's decision in Wal-Mart v. Dukes . The
highlights of our conversation are featured in the Legal News Podcast...
Don't Work, Text, and Drive
By John S. Lord, Jr.
None of us should be texting and driving. None of our employees should ever be working, texting, and driving.
We all understand these common sense rules, but does your organization have...
Eugene Stansberry, who sued his former employer for disability discrimination, is not disabled. His wife, however, is, suffering from Polyarteritis Nodosa , a rare and debilitating autoimmune disorder. Stansberry sued Air Wisconsin Airlines under the...
Today's case is not about the facts, which are brutal, but rather on an issue of statutory interpretation. In Hernandez-Miranda v. Empresas Diaz Masso, Inc. , 2011 WL 2557012 (1st Cir. June 29, 2011), a woman sued for gender discrimination related...
All companies need to have employee handbooks containing corporate policies, such as anti-discrimination policy, vacation/sick leave policy and others. Recently, employers started amending their employee handbooks to include a new policy: that governing...
Tensions within the Wisconsin Supreme Court may have gotten even more heated during last month's union reform case than the discordant decision upholding the law curbing the power of public employee unions suggested. According to unnamed sources,...
More than three years ago, I
discussed that an employee needs to prove something more than the mere closeness in time between
protected activity and adverse action to prove retaliation. Last week, in Meyers v. Goodrich Corp. , the Cuyahoga County Court...
Scene: Employee has performance issues. Employee notifies his supervisor that he needs leave for a medical condition. Employee calls in sick for two consecutive days, a Thursday and Friday, and returns to work the following Monday. Upon return, the employee...
Steven W. Suflas and Timothy R. Mulliner
The U.S. Department of Labor (DOL)
has asked for public comment on a proposed rule that would significantly affect
reporting requirements for agreements with labor relations consultants,
Consider the following two wrongful discharge cases, both recently decided by different Ohio appellate courts, and think about which you believe presents a bigger risk for the employer:
1. In Morris v. Dobbins Nursing Home (6/20/11) , a nursing home...
The New Jersey Appellate Division on June 14, 2011, held that the Millville Dallas Airmotive Plant Job Loss Notification Act (the "New Jersey WARN Act") 1 applies not only to the direct employer, but also may apply to parent and affiliated companies...
This week the US Supreme Court decided the case of Wal-Mart Stores, Inc. v. Dukes , 2011 WL 2437013 (June 20, 2011), a case up on appeal after the Northern District of California and the Ninth Circuit Court of Appeal certified a nationwide class of 1...
by William P. Barrett, David C. Burton &
Douglas M. Nabhan
On the heels of the National Labor Relations Board's
controversial decision to prosecute the Boeing Corporation for building a new
production facility in South Carolina, this...
There is perhaps no issue more important to the topic of
hiring in the 21st century than social media. Yet, yesterday the EEOC held a
public meeting entitled, " Disparate
Treatment in 21st Century Hiring Decisions ," and completely ignored...
On June 20, 2011, the United States Supreme Court sided
with Wal-Mart in a long-awaited decision regarding standards that apply to
class action cases. The new opinion makes it harder for plaintiffs to obtain
The case was brought...
Enacted in 2010, the Patient Protection and Affordable
Care Act included a rule prohibiting a health flexible spending account (FSA)
or health reimbursement arrangement (HRA) from reimbursing over-the-counter
drug expenses unless the drug is prescribed...
I thought that I had my final say on Wal-Mart v. Dukes yesterday . Then, I read more of
the commentary on the decision. For example, this clip from MSNBC argued that
the Wal-Mart case marks the end of women's equality in the workplace:
Over the last several months, I have written about leave
as a reasonable accommodation. This hot topic was recently the subject of an
EEOC public meeting, which featured testimony from a panel
of industry leaders who offered their views about how to...
On June 20, 2011, the U.S. Supreme Court issued its
decision in Wal-Mart Stores v. Dukes ( an enhanced version of the opinion is available to lexis.com
subscribers. ), which overturned certification of a class of 1.5 million
current and former female...
Georgia Gov. Nathan Deal (R) said last week that Peach
State farmers should consider hiring people on probation to work fields once
tended by immigrants. His suggestion was in reaction to farmers' complaints
that the state's strict new law...
Last week, The
Wisconsin Supreme Court spared the state's Republican lawmakers from having to
do what many were hoping to avoid: passing the collective bargaining bill that
had touched off weeks of protests in Madison earlier this year a second...