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Category Archives: Labor Relations

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No April foolin’ – third lawsuit challenging DOL Persuader Rule is filed

Posted in Labor Relations, Lawyers!
We now have an April Fool’s Day Persuader Rule challenge (but it’s real). The National Federation of Independent Business leads this group of plaintiffs, and has filed suit in federal court in Texas, which is in the Fifth Circuit. The other two lawsuits were filed in Arkansas and Minnesota, both in the Eighth Circuit. Here’s our… Continue Reading

W. Va. will go right-to-work in July

Posted in Employment at Will, Labor Relations
Wild, wonderful West Virginia is going right-to-work. Republicans in the state legislature passed the Workplace Freedom Act and yesterday overrode a veto by Democratic Gov. Earl Ray Tomblin. Also yesterday, the West Virginia Republicans overrode Gov. Tomblin’s veto of legislation that repeals the state’s prevailing wage law. “Right to work” is often confused with “employment at… Continue Reading

Who was naughty, and who was nice in employment law this year

Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Genetic Information Non-Discrimination Act, GINA, Harassment, Labor Relations, Lawyers!, Pregnancy, Protected Concerted Activity, Retaliation, Safety, Social media, Telecommuting, Wage-Hour
Who’s been naughty and who’s been nice in labor and employment law? Here are my picks for 2015. Feel free to add your own in the comments. NAUGHTY! The National Labor Relations Board, for being naughty in too many ways to mention. Its rules on employer handbook policies, including confidentiality and social media, are unrealistic… Continue Reading

BEFORE YOU FIRE: 20 questions every employer should ask

Posted in Americans with Disabilities Act, Discrimination, Employment at Will, Evidence, Family and Medical Leave Act, Harassment, Labor Relations, Protected Concerted Activity, Retaliation, Safety, Settlements, Unemployment, Workers' Compensation
So you think you’re ready to terminate an employee. Are you really? Here are 20 questions that every employer should ask itself before going ahead with a termination. If you think I’ve missed anything, please feel free to add your own in the comments. GETTING STARTED No. 1. Is the employee covered by a collective bargaining agreement?… Continue Reading

Where’s Jimmy Hoffa?

Posted in Labor Relations
It’s been 40 years since Jimmy Hoffa disappeared. Yesterday’s Detroit Free Press had a great article about the whole mysterious story, including the mobster suspects and all the leads that turned out to be dead ends. Hey, it’s labor-related!!… Continue Reading

Quickie elections, ASAP!

Posted in Labor Relations
The National Labor Relations Board’s so-called “quickie election” rule, providing for expedited union votes, took effect yesterday. I can’t improve on what David Phippen of our Metro-Washington D.C. office posted about it here in December after the rule was first issued, so here ya go!… Continue Reading

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