Archive
Posted on Tuesday, October 06, 2015
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 […]
Posted on Wednesday, August 26, 2015
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 […]
Posted on Friday, June 19, 2015
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 […]
Posted on Thursday, April 23, 2015
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 […]
Posted on Tuesday, March 10, 2015
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 […]
Posted on Friday, January 16, 2015
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, […]
Posted on Thursday, December 11, 2014
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 […]
Posted on Saturday, September 13, 2014
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 […]