LexisNexis® Legal Newsroom
Employer Hit with Unpaid Vacation Wages Even Though Union Agreed Vacation Was Properly Paid under CBA

California employers should all be aware that California law requires employers to pay out all accrued, but unused, vacation pay immediately upon termination of employment. In other words, use it or lose it policies and/or policies that provide for forfeiture of vacation on termination of employment...

U.S. Supreme Court Hears Arguments On What Is Compensable Donning/Doffing

WASHINGTON, D.C. — (Mealey’s) The time workers spend putting on attire that may look like regular clothes but is worn to protect them is compensable under the Fair Labor Standards Act (FLSA), despite a collective bargaining agreement (CBA) stating otherwise, Eric Schnapper of the University...

Supreme Court Hears Arguments in Dispute Over Employer, Union Agreement

WASHINGTON, D.C. — (Mealey’s) An agreement between an employer and union regarding access to the premises, employee information, monetary support for a ballot initiative and a promise not to picket did not violate Section 302 of the Labor Management Relations Act (LMRA), an attorney representing...

SCOTUS Arguments on Retiree Benefits in Collective Bargaining Agreements

I love it when current events perfectly align with my lesson plan for my employment law class at Penn State. Yesterday, we discussed health insurance and the reading assignment included this tidbit: Unionized employees have had some success in arguing that retiree health benefits obtained through...

Teacher's Racist Twitter Rant and the Law

Have you heard the one about the teacher who got fired over a racist Twitter rant about Ferguson ? To recap, she posted some lovely gems, such as "Who the (expletive) made you dumb (expletive) crackers think I give a squat (expletive) about your opinions. #Ferguson Kill yourselves." The...

AFL-CIO’s Industry Wide Agreement May Have Wide Reach in Hospitality Industry

by Rachel Tischler Mid-way through 2012, the Hotel Association of New York City and the New York Hotel & Motel Trades Council, AFL-CIO (the “Union”), renewed a seven-year collective bargaining agreement known as the Industry Wide Agreement, or IWA. While the IWA controls nearly all...

U.S. Supreme Court: Ordinary Contract Law Must Be Applied to Benefits Dispute

WASHINGTON, D.C. — (Mealey’s) The Sixth Circuit U.S. Court of Appeals erred when it applied the reasoning of its earlier decision in International Union, United Auto, Aerospace & Agricultural Implement Workers of Am. v. Yard-Man, Inc. , 716 F.2d 1476 (6 th Cir. 1983) [ an enhanced version...

SCOTUS Kills Yard-Man

When you were growing up, did you ever have a teacher return an assignment and tell you everything you did wrong... but not give you the right answer? Instead, you were just supposed to try again and figure it out for yourself? That's pretty much what Justice Thomas just did to the 6th Circuit. ...

SCOTUS Denies Petition For Cert in Iskanian

by Frances Hernandez , Marlene Nicolas and Lisa Harris On June 24, 2014, the California Supreme Court issued a controversial decision in Iskanian v. CLS Transportation Los Angeles, LLC , 2014 Cal. LEXIS 4318. While the Court in Iskanian confirmed that an express class action waiver in an employment...

Data Breaches-A New Topic For Collective Bargaining?

by Martin J. Saunders The NLRA requires employers whose employees are represented by a union to maintain the employee’s existing terms and conditions of employment and to negotiate with the union before implementing any changes to those conditions. Even fundamental changes in the business itself...

Why Did a Judge Vacate Tom Brady's Suspension?

I'm assuming you already heard about it - today, a federal judge vacated Tom Brady's 4-game suspension for "Deflate Gate ." You can read the actual order here . Generally, arbitration decisions are final and courts afford them extraordinary deference. So, why did the NFL lose? The Court...