Employment & Labor Insider

Employment & Labor Insider

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Category Archives: Labor Relations

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Employers may not like NLRB General Counsel report on handbook rules

Posted in Labor Relations, Protected Concerted Activity
Thanks very much to David Phippen from our Metro D.C. Office for letting me get some depositions taken this week and allowing me to republish his analysis here. As we have previously reported, the National Labor Relations Board in recent years has put employee handbooks and policy manuals under a magnifying glass, searching for any provision that… Continue Reading

EMPLOYMENT LAW BLOG CARNIVAL: April Fools’ Edition

Posted in Americans with Disabilities Act, Discrimination, eLaw, Employment Law Blog Carnival, ERISA, Family and Medical Leave Act, Gender Identity Discrimination, Labor Relations, Lactation, Protected Concerted Activity, Retaliation, Safety, Same-sex marriage, Social media, Wage-Hour
(St. Patrick’s Day is sooooo nine hours ago!) Ever looking to the future, we celebrate the coming April Fools’ Day with this month’s greatest employment law blog posts. Some of my summaries are accurate, and others are “fools’ editions” – you’ll have to read the actual posts to know which is which. There are so many excellent posts… Continue Reading

15 for ’15: Employment and labor resolutions for the new year

Posted in Affirmative Action, Affordable Care Act, Alternative Dispute Resolution, Americans with Disabilities Act, Background Checks, Discrimination, Drug Testing, Equal Pay, ERISA, Family and Medical Leave Act, Harassment, Independent Contractor, Labor Relations, Lactation, Pregnancy, Protected Concerted Activity, Safety, Social media, Wage-Hour
By David Phippen of our Metro D.C. Office. While the year is still young, here are 15 New Year’s resolutions that employers may want to make: 1. Make sure your “independent contractors” are really independent contractors. “Independent contractors” are under scrutiny by the Internal Revenue Service, the U.S. Department of Labor, the National Labor Relations Board, state… Continue Reading

Year-end employment law roundup — happy 2015!

Posted in Americans with Disabilities Act, Class actions, Discrimination, eLaw, Family and Medical Leave Act, Harassment, Labor Relations, Retaliation, Wage-Hour
NOTE: On January 15, this post was updated and one correction made (see “Nipped in the bud” and “Jury clobbers Catholic diocese,” below).  Happy New Year, everyone! While I’ve been out for the holidays, the courts and government agencies have stayed busy with employment law matters. Here are the developments that I thought were especially… Continue Reading

Christmas won’t be merry for these employers!

Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Employment Law Blog Carnival, Harassment, Labor Relations, Lactation, Pregnancy, Wage-Hour
Oh, you better watch out! A lot of employers have been naughty. I checked the court dockets, and would you believe all of these employment lawsuits filed in the week before Christmas!  Cratchit v. Scrooge & Marley (Madison Co. (London) OH Ct. of Common Pleas). Plaintiff asserts claims against employer under Americans with Disabilities Act, contending he… Continue Reading

NLRB Issues Final Rule on Quickie Elections: What employers can expect, and how to prepare

Posted in Labor Relations
This is a client bulletin by David Phippen that we emailed to subscribers yesterday afternoon. I’m re-posting it here, in case you don’t already subscribe to Constangy’s bulletins. (If you don’t and would like to, please send me (Robin) an email, and we’ll put you on the list. Subscription is free.) By David Phippen Metro Washington… Continue Reading

NLRB: Hot for the holidays

Posted in Labor Relations, Social media, Uncategorized
The National Labor Relations Board is busy — the Board came out late last week with a decision saying that employees can have access to their employers’ email systems for organizing activities under most circumstances. David Phippen has the full story here. Also, on Friday, the Board issued its final rule on “quickie elections.” David… Continue Reading

Some Labor Day eye candy

Posted in Labor Relations
Last spring, I was in the Detroit area for a deposition. I’m originally from that area, so I stayed over the weekend to visit family, and we made a trip to the Detroit Institute of Arts. In honor of Labor Day, here are some photos I took of Diego Rivera’s Detroit Industry murals. If you’ve… Continue Reading

BREAKING: Supreme Court 5-4 finds in favor of Hobby Lobby and against SEIU

Posted in Affordable Care Act, Labor Relations
The Supreme Court, in a 5-4 decision, found today that the contraceptive mandate in the Affordable Care Act, to the extent that it applies to closely-held corporations, violates the Religious Freedom Restoration Act. And in another 5-4 decision, the Court found that the First Amendment does not allow home healthcare workers to be compelled to… Continue Reading

Employment and Labor Roundup: Defense of Marriage Act decision, drugs, NLRB update, and more!

Posted in Americans with Disabilities Act, Discrimination, Family and Medical Leave Act, GINA, Labor Relations, Protected Concerted Activity, Social media
How will the Defense of Marriage Act decision affect spousal FMLA leave? Also recent decisions involving the ADA and GINA, doings at the NLRB, and innovations to get around drug laws and drug tests. We have it all!… Continue Reading