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The Wide Expanse of the ADA

Posted on May 8, 2015 by

A recent lawsuit filed in the federal district court for the Eastern District of Pennsylvania alleges that an employer violated the Americans with Disabilities Act (ADA) by terminating an employee who had a doctor-diagnosed sleep disorder. According to the filing, the disorder limits the hours of the day and night during which the employee is […]

NLRB Signals Code Red at Big Blue: Concludes Walmart’s Dress Code Violates NLRA

Posted on May 6, 2015 by

As I’ve written in the past, the National Labor Relations Act applies to non-union employers too. I’ve wanted to write about the National Labor Relations Board’s recent “dress code” decision for several days now—however, with the Board’s firestorm of significant decisions [email access, here: National Labor Relations Board is “Not-So-Secret” Santa to Organized Labor – […]

Are Employers Receiving A Special Christmas Gift This Year?

Posted on May 6, 2015 by

Some commentators have suggested that the recent Republican vote will limit the activity of the National Labor Relations Board and avoid the potential for more activist activity from the Board. It is not clear, however, how the House and Senate can effectively limit the activism that has been predicted absent drastic legislative changes. As Christmas […]

Holiday Party – Celebration?

Posted on May 6, 2015 by

Everyone is thinking about the holiday season. Many human resource professionals are wondering whether or not the company should sponsor a holiday party and what limits should be applied to such an event. The best answer is to be reasonable and to be more concerned about the safety of employees because of a potential disaster […]

NLRB Attacks Independent Contractor Status

Posted on May 6, 2015 by

A recent decision by the National Labor Relations Board has attacked the test that is generally used to determine whether or not an individual is an independent contractor or is considered an employee eligible for voting to be represented by a union. In the recent decision of FEDEX Home Delivery, 361NLRB No. 55 (2014), the […]

Labor Unions Have Another Reason to Be Thankful: NLRB Serves Up Holiday Season Gift

Posted on May 6, 2015 by

On November 21, 2014, the National Labor Relations Board (“Board”) served up a holiday season gift to organized labor—in the form of a new, significantly more “union friendly” view of “solicitation” policies utilized in many non-union workplaces [designed to lawfully limit pro-union solicitation, and other forms of solicitation, which can hamper employee productivity]. The decision […]

Pregnancy Discrimination Law May Leave Some Employers Feeling Like a Babe in The Woods

Posted on May 5, 2015 by

Running a business is, undeniably, a daunting task. On top of the challenge of running a business, today’s employers are also responsible for staying current with the latest and greatest legal developments impacting their workplaces. One area of increased emphasis for enforcement agencies like the EEOC, and plaintiffs’ attorneys as well, is pregnancy discrimination. Employers […]

Dealing with Employee Facebook Postings can be Dangerous

Posted on May 5, 2015 by

A number of recent decisions have laid out some of the risks related to employee Facebook postings and decisions by the employer to terminate an employee for inappropriate statements on Facebook. These decisions have involved constitutional challenges to a termination of a public employee for liking the Facebook page of a particular candidate for office, […]

Indiana Supreme Court Holds Right-to-Work Law is Constitutional

Posted on May 5, 2015 by

Several months ago, there was a lot of media coverage about a law adopted by the Indiana Legislature known as the Right-to-Work law. This law provided that a union could not force union members to pay union dues or be required to join a union that represented employees at a company. This law was subject […]

NLRB Continues Full Throttle Assault on Employer Solicitation and Distribution Policies

Posted on May 5, 2015 by

This post follows, and builds upon, my November 26, 2014 post Labor Unions Have Another Reason to Be Thankful:  NLRB Serves Up Holiday Season Gift. On November 26, 2014, the National Labor Relations Board issued another union-friendly decision in connection with employer solicitation and distribution policies. The case is Mercedes-Benz U.S. International, Inc. (MUBUSI), 361 […]