Showing 15 posts from January 2013.
NLRB Recess Appointments are Invalid
The National Labor Relations Board (NLRB) is comprised of five members appointed by the President, with the advice and consent of the Senate. Traditionally, Presidents have appointed three members from their own political party and two members from the opposition party. The Constitution authorizes the President to make “recess” appointments when the Senate is not in session. More ›
Federal Appeals Court Strikes down President Obama’s NLRB Appointments
In a decision that could have an enormous impact on employers, a federal appeals court has ruled that President Barrack Obama violated the Constitution when he appointed three members to the National Labor Relations Board (“NLRB”) without Senate approval.
The unanimous ruling from the three-member panel of the Court of Appeals for the District of Columbia Circuit could invalidate hundreds of NLRB regulations and decisions issued since January 4, 2012. President Obama is expected to appeal the ruling to the Supreme Court. More ›
California Supreme Court: Continuous Accrual Principles Apply to 17200 Claims
Today the California Supreme Court issued a long-awaited ruling in the Aryeh case regarding the application of the common law theory of continuous accrual to actions under the unfair competition law (Bus. & Prof. Code section 17200 et seq.) Though the case does not expressly address labor or employment issues, the case is nevertheless important for California employers, as the majority of employment litigation claims made are coupled with a 17200 claim. More ›
11th Circuit Affirms Summary Judgment in ADEA case where Plaintiff used "Cat’s Paw" Theory
Not all well-designed plans succeed. In the area of employment terminations, however, the practice of having termination decisions made independently by someone other than the employee's immediate supervisor increases the odds of obtaining summary judgment and avoiding trial. More ›
Seventh Circuit: Failure to Object to EEOC Subpoena Within five Business days Waives any Future Objection
Addressing an issue of first impression for a federal appellate court, the Seventh Circuit Court of Appeals has ruled that, in order to object to an EEOC subpoena based on irrelevance or overbreadth, an employer must file a petition within five business days of first receiving the subpoena – if no such timely petition is filed, any later attempts to avoid responding are waived. This decision eliminates what had previously been an alternative theory relied upon by some employers: that an initial failure to file an objecting petition could be remedied by filing a motion to dismiss in federal court when the EEOC seeks to enforce the subpoena. Going forward, therefore, employers that receive an EEOC subpoena which they find to be overly burdensome or irrelevant must file a petition within the 5-day period set forth in EEOC regulations. If that opportunity is missed, any future efforts by the employer to avoid responding will be denied. More ›
EEOC to Proceed With Class Action Disability Discrimination case Against UPS
In a ruling that could negatively impact employers, an Illinois federal judge has allowed the Equal Employment Opportunity Commission (“EEOC”) to proceed with a class action disability discrimination case against United Parcel Service, Inc. (“UPS”) even though the EEOC has identified only two class members.
The January 11, 2013, ruling by District Judge Robert M. Dow, reverses two prior dismissals of the case, EEOC v. United Parcel Service, Inc., Northern District of Illinois, No. 09-cv-05291.
Judge Dow previously held that the EEOC’s complaint and amended complaint were defective, in part, because they failed to allege adequate factual information. The court changed course unexpectedly. More ›
Mandatory bus Rides to Plant Deemed not Compensable work time Under FLSA
An engineering and construction services contractor initially offered its laborers the option of parking at a plant parking lot or participating in a park and ride program which would take the laborers directly to the plant, but then later required all employees to participate in mandatory park and ride. Prior to boarding the buses, laborers scanned their plant badge. While on the buses, the laborers were subject to the contractor's rules regarding use of cell phones, tobacco, alcohol, weapons, etc. Once they arrived at the plant, laborers would scan their badges and proceed to their work station. At the end of their shift, they boarded the buses and returned to the lot. The daily total travel time varied from 40-60 minutes. More ›
Eighth Circuit Revives Deaf Lifeguard’s Disability Claim
A deaf individual who could detect noises through the use of a cochlear implant and who used American Sign Language (ASL) to communicate successfully completed two lifeguard training programs through the county. Though he had an ASL interpreter to communicate verbal instructions, the interpreter did not assist him in executing lifesaving tasks. The individual applied for and was conditionally offered a lifeguard position subject to him passing a pre-employment physical. The doctor, however, determined that because the individual was deaf, he could not be a lifeguard, unless he was constantly accommodated. The county then undertook a job task analysis to determine whether the individual could perform the job with or without accommodation, and because it was uncertain whether the individual could safely work as a lifeguard by himself, the offer of employment was revoked. More ›
No Disability Discrimination Where Employee Cannot Competently Perform Job, Ninth Circuit Holds
In Lawler v. Montblac North American LLC, the plaintiff, Cynthia Lawler, a store manager at a boutique retail store, was diagnosed with psoriatic arthritis. Lawler initiated the action after Defendant employer terminated her employment.
Lawler asserted four claims: (1) disability discrimination, (2) retaliation, (3) harassment, and (4) intentional infliction of emotional distress. The first three causes of action were brought under the California Fair Employment and Housing Act (“FEHA”).
The trial court granted summary judgment for Defendant as to all causes of action, and the Ninth Circuit affirmed. More ›
NLRB Permits Unions to Charge dues Objectors for Lobbying Expenses, and Seeks Further Briefing on “Germaneness” Standard
A former Union member filed an unfair labor practice charge alleging that the Union, which represents hospital employees, violated the National Labor Relations Act by its treatment of the former Union member and other employees who resigned their Union memberships and objected to paying dues that were unrelated to collective bargaining, contract administration, or grievance adjustment. More ›
Topics
- Equal Pay for Equal Work
- Rest Period
- Wage Order 9
- 24-hour shifts
- ambulance attendant
- meal period
- off-duty rest
- premium wage
- Audit
- automobile sales exemption
- fair reading
- narrow construction
- job classification
- job classification audit
- Temporary Schedule Change
- Fair Workweek Law
- New York City
- Black Lives Matter
- 42 U.S.C. s. 1981
- disparate treatment
- Racial Discrimination
- Severe & Pervasive
- Objectively Offensive
- Subjectively Offensive
- Massachusetts Equal Pay Act
- MEPA
- Attorney General Guidance
- Comparable Work
- Salary History
- Salary Inquiries
- Pay Inquiries
- Self Evaluations
- Florida Civil Rights Act
- Opposition
- Unlawful Employment Practice
- Pregnancy Discrimination Act
- PDA
- Childbirth
- Trans
- Transitioning
- Sex Stereotyping
- 2nd Circuit
- equality
- Zarda v. Altitude Express
- FCRA
- Fair Credit Reporting Act
- Wisconsin Fair Employment Act
- WFEA
- Criminal Conviction
- Arrest Record
- Hiring Policy
- Substantial Relationship
- Protected Speech
- Anti-discrimination Policy
- Anti-harassment Policy
- Diversity
- Diversity Policy
- Social Media Policy
- Electronic Communication Policy
- Dodd-Frank Wall Street Reform and Consumer Protection Act
- SCOTUS
- Securities Fraud
- Student Loans
- Gig Worker
- Gig Economy
- Employer-Employee Relationship
- Borello Test
- Employee
- Exclusive Remedy
- Wis. Stat. ch. 102
- Tort Liability
- Temp Employee
- Temporary Help Agency
- Leased Employee
- Claim for Compensation
- Negligence
- Sarbanes-Oxley Act
- Fraud
- Internal Complaints
- Form 300A
- Annual Summary
- Fines
- Willful and Repeat
- Serious Violation
- Other-than-Serious Violation
- 2015 Inflation Adjustment Act
- Students
- Interns
- Internal Revenue Service
- IRS Notice 1036
- Payroll
- Payroll Taxes
- Social Security
- Supplemental Wages
- Withholdings
- Tax Reform Act
- Tax Cuts & Jobs Act
- Income Tax
- 2018 Withholding Tables
- Joint Employment
- Browning-Ferris
- Right to Control
- Joint Control
- Essential Employment Terms
- Direct and Immediate
- California Family Rights Act
- Parental Leave
- Sexual Orientation Discrimination
- AB 1008
- Ban the Box
- Department of Economic Opportunity
- compliance audit
- ADA Interference
- 42 U.S.C. § 12203(b)
- 7th Circuit
- Disability Discrimination
- Union
- Union Organizing
- New York Paid Family Leave
- Paid Leave
- NY State Department of Taxation
- Serious Health Condition
- military duty
- Tax Implications
- PFL
- New York Average Weekly Wage
- Obama Administration
- Illinois Human Rights Act
- Emotional Distress
- Workplace bullying
- Extreme or Outrageous
- Salary test
- EAP Exemption
- State of Nevada v. US Department of Labor
- Family Medical Leave Act
- Incentives
- A.A.R.P. vs. U.S. E.E.O.C.
- employer sponsored
- Medical History
- mandatory
- Voluntary
- ACA
- San Francisco Parity in Pay Ordinance
- California Labor Code Section 1197.5
- Fiduciary
- Fiduciary Duty
- Professional Exemption
- Executive Exemption
- Outside Sales Exemption
- Computer Exemption
- Request for Information
- Highly Compensated Employees
- Secretary of Labor
- notice
- Domestic Violence
- California Labor Code
- California Labor Code s. 230.1
- Interactive Process
- Sexual Assault
- Stalking
- PTO
- Paid Time Off
- National Labor Relations Act
- Union Organizing
- Protected Concerted Activity
- Jefferson Standard
- Disparaging
- Labor Dispute
- 8th Circuit
- Vacation Pay
- Vested Rights
- Vacation Policy
- Vacation accrual
- Waiting period
- Pregnant worker protections
- M.G.L. Chapter 151B
- Massachusetts Pregnant Workers Fairness Act
- Employment Contract
- At-will employment
- only when rule
- Wisconsin Court of Appeals
- Department of Homeland Security
- U.S. Citizenship and Immigration Services
- USCIS
- Consular Report of Birth Abroad
- E-Verify
- Massachusetts Supreme Judicial Court
- handicap discrimination
- Drug Free Workplace Act
- Hawkins-Slater Medical Marijuana Act
- Rhode Island
- Hiring Practices
- Drug Free Workplace Policies
- Drug Testing
- Gender Nonconformity
- Sick Leave
- St. Paul, Minnesota
- Minneapolis, Minnesota
- Minneapolis Sick and Safe Time ordinance
- St. Paul Sick and Safe Time ordinance
- Child Labor Laws
- Minors
- Minor Employees
- Work Permits
- Street Trade Permits
- Restaurants
- Grocers
- Manufacturers
- Teenage Labor
- Department of Workforce Development
- DWD
- protected class
- protected activity
- Delaware
- pay gap
- compensation history
- Age Discrimination in Employment Act
- Public employers
- private employers
- federal government
- state government
- employer
- RIF
- Reduction in Force
- Circuit Split
- 11th Circuit Court of Appeals
- enterprise coverage
- goods vs. materials
- Aiding and Abetting
- conviction record
- New York State Human Rights Law
- NYSHRL
- Work Schedules
- Fast Food
- Retail
- Fair Workweek laws
- pension plans
- religiously affiliated employers
- church plans
- ERISA section 4(b)(2)
- statutory exemption
- Anti-Retaliation Rule
- Safety Programs
- Workplace Policies
- Injury and Illness Reporting
- Workplace Injury Reporting
- Electronic Reporting
- Salary inquiry
- pay history
- racial equality
- ethnic equality
- fair pay
- Health Insurance
- Patient Protection and Affordable Health Care Act of 2009
- Fairfax Memo
- American Health Care Act
- AHCA
- ObamaCare
- Trump Administration
- Employer Mandate
- Section 8
- marijuana
- SEC
- Securities & Exchange Commission
- age-based harassment
- disability-based harassment
- sex-based harassment
- sexual orientation-based harassment
- gender identity-based harassment
- Injuctive Relief
- final rule
- webinar
- workplace injury
- Occupational Safety and Health Administration
- Exempt Employee
- Trump
- republican
- administration
- Right to Work
- Affirmative Action
- EEO-1
- Fiduciary Rule
- minimum wage
- executive order
- eeo laws
- cook county
- Section 7
- Unfair labor practice
- strike
- collective bargaining
- permanent replacement employees
- burden shifting
- convincing mosaic
- evidentiary burdens
- bereavement
- unpaid leave
- confidentiality agreement
- employee handbook
- employer policies
- misappropriation
- defendant trade secrets act of 2016
- pay equity
- gender equality
- gay rights
- lesbian rights
- unemployment
- Tipped workers
- Illinois Minimum Wage Law
- Temporary workers
- Employee Benefits
- Penalties
- posting requirements
- constructive discharge
- Administrative Exemption
- Wellness Programs
- Americans with Disabilities Act
- Genetic Information Nondiscrimination Act
- Equal Employment Opportunity Commission
- department of labor
- Transgender Rights
- LGBTQ Rights
- administrative warrant
- Confidential Information
- trade secrets
- Unpaid Wages
- Title VII of the Civil Rights Act of 1964
- Labor Code
- Discrimination & Harassment
- interference
- Preemption
- National Labor Relations Board
- Shameless
- Criminal History
- LGBTQ
- Fair Labor Standards Act
- Medical Marijuana
- EEOC
- Arbitration
- Discrimination
- Agreements
- 9th Circuit Court of Appeals
- Disability & Medical Leave
- Expert
- Joint Employers
- wisconsin
- California Court of Appeal
- Media Mention
- Case Updates
- United States Supreme Court
- Fair Employment and Housing Act
- Opinion
- Independent Contractor v. Employee
- Removal
- Bankruptcy
- Judicial Estoppel
- Quid Pro Quo
- Freedom of Speech
- Exempt Status
- Picket
- Gender Bias
- Immigration
- H-1B
- News
- Affordable Care Act
- Collective Bargaining Agreements
- Eleventh Circuit
- First Amendement
- New Jersey
- Paid Sick Time
- Leave
- Eighth Circuit
- IRS
- Meal & Rest Break
- EEOC
- Nebraska
- Religious Discrimination
- Undue Hardship
- Arbitration
- 6th Circuit Court of Appeals
- 5th Circuit Court of Appeals
- Hostile Work Environment
- New York
- Sexual Harassment
- ADA
- Anxiety
- Disability
- South Dakota
- ADEA
- OWBPA
- Settlement Agreement
- Texas
- Tenth Circuit
- California
- FMLA
- Estoppel
- Retaliation
- Benefits
- Wages
- Mandatory Arbitration
- ERISA
- Non-compete
- Age Discrimination
- Accommodation
- 9th Circuit Court of Appeals
- Electronic Communications
- Texting
- Second Circuit
- Tax
- Wage & Hour
- Class Action
- Ninth Circuit
- Privacy
- SCA
- FLSA
- Volunteers
- Discrimination
- GINA
- Title VII
- Massachusetts
- NLRA
- NLRB
- Bargaining
- Seventh Circuit
- Union
- Undocumented Workers
- Health Care
- Supreme Court
- HIPAA
- HHS
- Wellness
- Harassment
- Supervisor
- Burden of Proof
- Pregnancy Discrimination
- Pretext
- Internships
- PAGA
- Similarly Situated
- Termination
- Union Dues
- Class Certification
- Overtime
- Rest Breaks
- Exemption
- Third Circuit
- Fitness-For-Duty
- Multiple Sclerosis
- Labor
- Missouri
- D.C. Circuit
- Fourth Circuit
- CFAA
- Injunction
- First Circuit
- Collective Action
- Meal Breaks
- USERRA
- Federal Contracts
- OFCCP
- Employment Verification
- I-9
- Gender Discrimination
- Title IX
- CAFA
- California Supreme Court
- Legislation
- President Obama
- 42 USC 1983
- Failure to Accomodate
- Reasonable Accomodation
- Employment
- Hiring
- Sanctions
- Sixth Circuit
- Michigan
- Race Discrimination
- Florida
- Workers Compensation
- Corporations
- Standing
- 17200
- Statute of Limitations
- UCL
- Subpoena
- Fifth Circuit
- Travel Time
- Deaf
- Dues
- Class Waiver
- Ohio
- Witness Statements
- Military
- Illinois
- Virginia
- Wrongful Termination
- Religion
- DACA
- Investigation
- Independent Contractors
- Eavesdropping
- Dodd-Frank
- Whistleblower
- Severance
- FICA
- Rehabilitation Act
- Right-to-Sue
- Policies
- Social Media
- Loss of Consortium
- Oklahoma
- Pension
- MSHA
- Medical Examination
- Exhaustion of Remedies
- Election
- WARN
- Title VII Retaliation; Faragher/Ellerth
- Salespersons
- EPA
- Equal Pay Act
- Racial Harassment
- Cat's Paw
- National Origin Discrimination
- Partnership
- FEHA
- Medical Condition
- Background Checks
- Gender Identity
- Georgia
- Ministerial Exception
- FAA
- SSA
- Sex Discrimination
- Education
- Misclassification
- Choice of Law
- Policy
- SOX
- Public Records
- Personnel Record
- Documentation
- Gross
- McDonnell Douglas
- Complaints
- RICO
- Maternity Leave
- Regarded As
- Equal Protection
- ADAAA
- Ledbetter Act
- Recess Appointment
- White House
- California Employment
- Agreements
- Seperation
- DOT
- FMCSA
- Attorney's Fees
- Reporting Time Pay
- Split Shift Pay
- DOL
- Punitive Damages
- Injuries
- Restrictions
- Stock
- Trial
- Verdict
- Back Pay
- Polygraph
- Damages
- LMRA
- VEBA
- Layoff
- Civil Rights
- Defamation
- OSHA
- AMD
- HIV
- HR
- Bankruptcy Code
- Secretary Solis
- Marital Discrimination
- Las Vegas
- Federal Register
- PTSD
- Iraq
- Fourteenth Amendment
- Forum-Selection Clause