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Please Click HerePosted on October 5, 2015 by Ruder Ware Alumni
Recently, one of the National Labor Relations Board’s administrative law judges (“ALJ”) issued a decision that reminds would-be purchasers of unionized companies to proceed with caution before taking the plunge. The case is Riccelli Enterprises, Inc., available here: Riccelli_Decision. In Riccelli Enterprises, Inc., the ALJ was called upon to determine whether: (1) the purchaser of […]
Posted on September 9, 2015 by Ruder Ware Alumni
A recent pronouncement by General Counsel of the National Labor Relations Board has indicated that electronic signatures will be accepted on a union election petition filed with the NLRB. This clarification allows the union election process to be expedited to be even quicker than originally thought under the new “quickie election” rules promulgated by the […]
Posted on August 31, 2015 by Ruder Ware Alumni
Target Corporation has agreed to pay $2.8 million to settle charges filed by the Equal Employment Opportunity Commission (EEOC) alleging that the hiring process used for certain professional positions disproportionately screened out applicants based on race and gender. Target Corporation paid this settlement without admitting liability based upon a claim by the EEOC that it […]
Posted on August 27, 2015 by Ruder Ware Alumni
The NLRB has again been rebuffed by the federal Court of Appeals in its pursuit of charges against employers for terminating employees due to the exercise of their protected speech rights. In a recent decision from the Eighth Circuit Court of Appeals, the Court of Appeals found (albeit in a split decision) that the NLRB […]
Posted on August 10, 2015 by Ruder Ware Alumni
Two recent court decisions have opened the door for continued scrutiny on whether or not an individual is protected under the Americans With Disabilities Act. In a Nebraska Federal Court case, the District Court held that an employee was not protected because of her severe obesity but this case is on appeal to the 8th […]
Posted on August 5, 2015 by Ruder Ware Alumni
The quickie election rule adopted by the National Labor Relations Board has survived the first stages of legal challenge as a Washington D.C. Federal District Court has found that the election rules do not violate protected rights of employers. Because of this, employers will continue to see increases in union election petitions filed by local […]
Posted on July 29, 2015 by Ruder Ware Alumni
Two recent decisions by the DC Circuit Court of Appeals (DC Circuit) have overturned National Labor Relations Board (NLRB) decisions and applied “common sense” in reviewing decisions from the Board. In both the decisions, the DC Circuit overturned a decision by the NLRB that found an employer to have committed unfair labor practices by the […]
Posted on July 28, 2015 by Sara J. Ackermann
The DOL has had a busy summer! From proposed overtime rules to independent misclassification warnings, the prudent employer should take notice. For more information, see my two recent legal updates: Hey Employers! The DOL is Watching – Are Your Workers Properly Classified?, and What is the Overtime Proposal and Why Should I Care?
Posted on July 27, 2015 by Sara J. Ackermann
On July 15, 2015, the U.S. Department of Labor (“DOL”) released an administrative interpretation that addresses the standard under the Fair Labor Standards Act (“FLSA”) for properly classifying workers as employees or independent contractors. While there has been a great deal of buzz surrounding this release, specifically over the DOL’s statement that “most workers are […]
Posted on July 22, 2015 by Ruder Ware Alumni
The Administrator of the US Department of Labor has issued guidance on determining whether an individual is an independent contractor or an employee of a company. This Interpretive Guidance goes a long way to declaring that the Department of Labor will be aggressively reviewing determinations of independent contractor status by a company and will likely […]