Second Circuit Finds Arbitration Agreement Insufficient to Block Employees’ Misclassification Claims.

With many changes in labor and employment law over the past few years, it’s not unusual for employers to react quickly to each concern as it arises but miss opportunities for a more comprehensive and holistic approach.  For example, an employer might respond to the rising costs of litigation by entering arbitration agreements with its […]

NLRB Dismisses Petition to Unionize Northwestern University Football Players

In January 2014, Northwestern University football players receiving athletic scholarships filed a petition with the National Labor Relations Board (the “NLRB” or “Board”) seeking to certify the College Athletes Players Association (“CAPA”) as their collective bargaining representative. Northwestern University opposed the players’ petition, arguing, among other things, that the student athletes were not “employees” under […]

Extreme Pressure Tactics in Investigatory Interviews May Create Employer Liability

A recent decision from the Southern District of New York serves as a cautionary example for employers investigating suspected employee misconduct. Shkreli v. JPMorgan Chase Bank, N.A., 13 Civ. No. 5647 (LGS) (S.D.N.Y. March 27, 2015). During an internal review, JPMorgan Chase Bank (“Chase”) began to suspect that one of its Personal Bankers – Robert […]

NLRB Rejects Employees’ Request to Withdraw ULP Charge After $900,000 Settlement with Employer.

There may be a growing trend in which employees’ attorneys file claims in multiple forums, including the National Labor Relations Board (the “Board”) as a way of escalating the employer’s costs and so increasing the company’s incentives to reach an early settlement.  This tactic depends, in the long run, on the employees’ ability to withdraw […]

NLRB Announces Stricter Standards for Deferring to Arbitration Awards

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 […]

Pending Federal Minimum Wage and Overtime Requirements for Home Care Workers Struck Down

On Wednesday, January 14, the U.S. District Court for the District of Columbia vacated Department of Labor (“DOL”) regulations that would have extended the minimum wage and overtime requirements imposed by the Fair Labor Standards Act (“FLSA”) to most home care employees across the country. Home Care Association et al v. Weil, 14-cv-967 (D.D.C. Jan. 14, […]

Reconciling Medical Leave with Critical Deadlines Requires a Considered Approach

Your company has a major project deadline coming up, but an essential employee is about to go on unpaid FMLA leave following the birth of her child. The project has already been pushed back once, and you really need this employee’s help to avoid further complications.  Can you ask her to forgo the unpaid leave […]

New Sick Leave Laws Create Challenges for Many Employers

On August 30, the California legislature passed the Healthy Workplaces, Healthy Families Act, which requires most employers in the state to provide a minimum of three paid sick days to covered employees. Governor Scott Brown has publicly endorsed the bill and is expected to sign it. California joins Connecticut as the second state to mandate […]