The United States Supreme Court granted certiorari
of a decision by the Third Circuit Court of Appeals, Symczyk v. Genesis
HealthCare Corp. , 656 F.3d 189 (3d Cir. 2011) [ an enhanced version of this opinion is available to lexis.com subscribers ]...
As employees increasingly demand to use their preferred
electronic device in the workplace, employers are working through whether the
" Bring Your Own Device " (BYOD) concept is a good idea, or an
employee perk to ban for security and cost...
In just over half the States in America, if a majority of
your co-workers elect to have a union represent them at work, then you must
become a member of the union too -- whether you like it or not. Nonmembers who
object to that requirement must still...
This EIA discusses a recent
decision of the NLRB that overturned 50 years of precedent. The impact of the
Boards decision in WKYC-TV, holding that dues deduction clauses can survive
contract expiration is analyzed with practical insight and commentary...
In United Nurses and Allied
Professionals (Kent Hospital), a divided Board addressed a number of issues
regarding the rights of objecting employees. Among other things, it held that a
union is not required to provide objecting employees with a copy...
Sexual harassment, retaliation, and constructive
discharge. The trifecta of employment-discrimination claims. And all three were
the subject of a recent decision from the 3d Circuit. The decision contains
lots of interesting discussion points but I'll...
Employers, has this ever happened to you?
An employee in a critical-but-inflexible position -- say,
a customer service representative -- asks for "intermittent" leave
under the Family and Medical Leave Act. If the intermittent time off...
Effective January 1, 2013, the Internet Privacy Protection Act went into effect.
The law prohibits employers from requiring employees or applicants to
grant access to; to allow observation of; or to disclose information that
allows access to personal...
One of the most important and often most challenging
tasks of the workplace investigator is to make credibility determinations about
witnesses. Over the years, a common mistake I've seen investigators make
in investigating allegations of workplace...
In another example of why women hesitate to bring sexual
harassment claims, a judge
has ordered twenty two women who are bringing a sexual harassment claim to
turn over their cell phones and social networking passwords to attorneys for
WASHINGTON, D.C. - (Mealey's) The District of Columbia
U.S. Circuit Court of Appeals on Jan. 25 declined to enforce a National Labor
Relations Board ruling that an employer violated the National Labor Relations
Act (NLRA) by refusing to reduce...
What if your client's award is
reduced for FICA tax withholding and you don't warn the client? What happens if
an employer fails to withhold FICA taxes from an award of front pay? Barry L.
Salkin of Olshan Frome Wolosky LLP addresses these...
What makes retaliation the most common discrimination claim in America ?
I suspect it's because other forms of discrimination
(e.g., race, gender, disability) are more difficult to prove and don't always
result in an adverse employment action...
EEOC announced that it has filed a lawsuit against a Charlotte
security-services company on behalf of a group of male employees who claim that
their same-sex captain and lieutenant sexually harassment them.
This news comes on the...
Most people know that FMLA covers leave to care for a son
or daughter who is under 18 and has a serious health condition. But, did you
know that FMLA also covers a child who is "18 years of age or older and
incapable of self-care because of a...
with Disabilities Act ("ADA") requires employers to make "reasonable
accommodations to the known physical or mental limitations of an otherwise
qualified individual with a disability." 42 U.S.C.A. §
The flu season is here, with a vengeance. The Detroit
News has an article discussing
how Michigan employers are dealing with the impact on their employees and what
they are doing to combat the effects. Encouraging employees to get flu shots,
In New York City, it is common for the owner of a residential
building to furnish the building's superintendent and the superintendent's
family with an apartment to live in, rent free. This practice raises
the question: In New York State, does...
Emmett Jafari sued the Greater Richmond Transit Company
for defamation and retaliation under the Fair Labor Standards
Act. Jafari was a Specialized Transportation Field Supervisor for a Virginia
company that transported clients enrolled in a state...
Last year, I railed against the Pregnant Workers Fairness Act , a bill
that, if passed, would require employers to make a reasonable accommodation for
an employee's pregnancy, childbirth, and related medical conditions. I argued
that the law does...
The recent reinstatement of a $3.5 million award of
punitive damages by the United States Court of Appeals for the Seventh Circuit
highlighted the importance of responding promptly, thoroughly and fairly to
employee complaints of harassment, even where...
The NLRB addressed, for the
first time, the issue of the extent of an employer's bargaining obligation to a
successor union when the employer, for reasons not under its control, is unable
to maintain the terms and conditions of employment that...
Of course she does.
What does the Complaint say? And what can
employers take away from it?
In her Complaint (copy here ),
the (former) school-bus driver claims that, after her shift ended, she
privately messaged a student -- someone who never...
Spouses who work together experience the rewards and
challenges that 24 hour contact brings. One of the challenging parts occurs
when the husband works closely with other females. In Nelson
v. Knight , the Iowa Supreme Court addressed the issue of...
Just when you think the NLRA has been expanded as far as
it can possibly go, POP!! Along comes a decision yet again
expanding the reach of the NLRA and limiting the ability of employers to manage
their workforces. The latest such expansion comes from...