In January 2011, the
National Labor Relations Board (NLRB) promulgated a
rule requiring private employers to post a notice informing employees of their
rights under the National Labor Relations Act (NLRA) . The rule required
that the notice be posted...
Recently we posted in NLRB Finds Class Action Litigation Protected Activity Under
NLRA that employees' right to pursue litigation collectively in a class
action had been upheld by the National Labor Relations Board (NLRB).
A Florida circuit court ruled last week that Gov. Rick
Scott (R) and Republican legislative leaders' decision last year to cut public
employee salaries to offset the state's contribution to their pension fund was
an unconstitutional breach...
Earlier this month, I wrote about the ADA and hiring preferences , pointing out that the
disability discrimination laws do not prevent an employer from giving a hiring
preference to a disabled job applicant by creating a cause for action in favor
At her Employment & Labor Insider , Robin Shea wrote a great
post reminding everyone that it's "illegal to discriminate against white
people" (aka, reverse discrimination). But, did you know that courts impose
different legal standards...
Over the weekend, I read this story by Laura Hibbard at the Huffington Post about a phony
job flyer handed out by two men in red blazers posing as Chick-Fil-A employees
[link to video] on the campus of New York University. The phony flyer states: ...
Businesses do not experience the impact of social media
in fragmented departmental silos. Rather, social media is an inherently
cross-department, internal and external experience for most
organizations. Employees, clients, third party providers, experts...
The First Amendment to the U.S. Constitution states in
part: "Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof . . . ." The first of these two
quoted clauses is known as the Establishment...
Beware the ides of March.
- Julius Caesar , Act I, scene i.
2,056 years ago, Julius Caesar was assassinated. To mark
that occasion two years ago, I wrote that employers should be wary of the types of problem
employees within their organizations...
Early in my legal career, a colleague taught me the
expression: pigs get fed; hogs get slaughtered. Essentially, be agressive. But
push too hard, and you may lose it all.
So me PA companies require their new hires to sign an
Random testing means choosing workers for tests at
random, without suspicion, and without advance notice of when the test will
take place. Random testing may also encompass the testing of all
employees in a company (or a given division of a company...
The National Labor Relations Board stresses
that employees must be able to discuss their jobs freely.
Labor Relations Board , which helps administer the provisions of the National
Labor Relations Act , believes that social-media policies...
I've long believed that the best time to settle a case is
while summary judgment is pending. It's when both sides have the most risk. The
employer has the risk of a jury trial if the court denies the motion, and the
employee has the risk of...
New York State, like the federal government, does not
require any particular order or form for the records that an employer must
maintain concerning employees' wages and hours . Cf. 29 C.F.R. §
516.1(a) ("No particular order or form of...
Below are summaries of four pieces of legislation of
which employers should take note:
Older Workers Against Discrimination Act . Senator Tom
Harkin (IA-D) introduced this
bill last week. It would overturn the U.S. Supreme Court's...
According to Law.com, wage and hour litigation is big, and getting bigger . One
area that has been poised for a take-off for a couple of years is unpaid
internships. Three recent filings illustrate the dangers of using unpaid
interns in your business...
Let's say you operate a business in NJ. Your disabled
employee comes to you requesting an accommodation for his disability. Does the
mere failure to provide that accommodation trigger a claim under the New Jersey Law
Against Discrimination (NJLAD...
When it comes to the pay gap between men and women, I am a skeptic.
Well, wait a minute. Let me try that again. I'm not skeptical about the existence of the pay gap. I'd be a fool to deny all that cold, hard reality. I just don't think...
On March 15, 2012, the U.S. Chamber of Commerce and the
Coalition for a Democratic Workplace (CDW) filed a motion to intervene with the
U.S. Court of Appeals for the D.C. Circuit in Noel Canning v. National Labor
Relations Board , Case No. 12-1115...
I can't tell you how many harassment policies I review
(and rewrite) that are simply called, "Sexual Harassment Policy." Most
harassment complaints are about sexual harassment. But, the law just doesn't
forbid sexual harassment;...
Yesterday, the U.S. Supreme Court in Coleman
v. Court of Appeals of Md. [ an enhanced version of this opinion is available to lexis.com subscribers] held that state employees have no cause of
action under the self-care provision (last bullet point in...
A state court judge in Pennsylvania has come up with a
new way to afford litigants access to social media as part of discovery in a
pending civil action. Daniel Cummins at Tort Talk has the details:
The Judge's page long Order does not provide...
In Poling v. Core Molding Technologies (S.D. Ohio 2/9/12) ,
the plaintiff, who suffered from Reflex Sympathetic Dystrophy Syndrome , claimed that his
employer interfered with his FMLA rights when it terminated him for excessive