Employers often have occasion to consider the scope of their responsibility to accommodate pregnancy-related work restrictions, and there have been sharp disagreements over the correct interpretation of federal law on this issue. On March 25, 2015, the U.S. Supreme Court has clarified the employer’s federal obligations in Young v. United Parcel Service, Inc., No. 12-1266, […]
Suppose an employee requests two weeks of vacation, and the request is denied – perhaps on grounds of seniority or for operational reasons. You then receive a doctor’s note stating that the employee needs two weeks of medical leave under the Family and Medical Leave Act (FMLA) for precisely the same dates as the earlier […]
When aggrieved employees bring Unfair Labor Practice (“ULP”) charges before the the National Labor Relations Board (the “Board”), the allegations in a given charge may often duplicate grievances that have already been arbitrated, or could be arbitrated, under a collective bargaining agreement (“CBA”). In such circumstances, the Board will often decline to process a ULP charge and instead […]
Employers implementing a mass layoff often agonize over the decisions they have to make, not just because of the hardship for employees and the potential impact on the business, but because employees might claim their selection for layoff was discriminatory. A recent paper published by Michael Feldman, et al., on the website arXiv.org, Certifying and […]
