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EEO DEVELOPMENTS
1. §1981 Expanded to Prohibit Retaliation?
2. Second Circuit: How Broad is the Concept of “Discrimination”?
3. The Ledbetter Fair Pay Act
ARBITRATION
1. Can Parties Expand the Reviewability of Arbitration Awards by Contract?
FAMILY MEDICAL LEAVE ACT
1. Loaned Employees
2. Paid FMLA Leave
GINA: FEDERAL PROTECTION AGAINST GENETIC DISCRIMINATION
THE NY LABOR LAW NOW REQUIRES WRITTEN COMMISSION AGREEMENTS
1. The Law and Requirements
2. Improper Wage and Hour Deductions and Written Agreements
NLRB ALTERS COURSE
1. Dana Corp: Contract Bar Rules Modified
2. Union “Salts”: Are They “Employees”?
3. When Can the Filing of a Lawsuit Be an Unfair Labor Practice?
4. Discipline That Results from Illegal Surveillance
5. After-Acquired Shop Clauses: Are They Mandatory Subjects of Bargaining?
6. The Union Reaction
UPS OPTS OUT OF TEAMSTER PENSION PLAN
FIRM NEWS
1. Cat’s Paw Liability
2. Taxation of Emotional Damages
3. Age Discrimination
1. Back Pay for “Salts”
2. Unilateral Employer Actions
3. Employee Complaint Procedures for Non-Union Companies
WAGE-HOUR ISSUES
Personal Liability for Wage-Hour Violations
ARBITRATION: ARE WAIVERS OF CLASS ACTIONS LAWFUL?
STATE LAWS
1. New York Law Protects Nursing Mothers
2. Limitations of Employer Use of Credit Reports
EEOC ISSUES
1. Supreme Court Rules on EEOC Statute of Limitation: When
Must an Employee File a Discrimination Charge
Over Pay?
2. Scope of a Charging Party’s Duty to Exhaust Remedies
3. “Cat’s Paw” Liability
4. Reasonable Accommodation
LABOR LAW
1. Employee Free Choice Act
2. Employee Use of Email
3. Unfair Labor Practice Remedies: Back Pay Calculations
4. Preemption
5. Alternate Union Roles
Preserving Computerized Documents
New York State Law: Recent Developments
1. Leave For Spouses Of Military Personnel
2. Deductions From Payroll: When Are They Lawful?
Neutrality Agreements: When Are They Lawful?
Developments In Disability Law
1. Is Morbid Obesity A Disability?
2. Is A Zero Tolerance Policy Unlawful?
FMLA: How Is 75 Miles Determined?
The Employee Duty Of Loyalty: What Are The Limits?
Shifting Tides At The NLRB
Supervisors
Pro-union Conduct By Supervisors
Successor Employers
Arbitration Clauses
Union Insignia
Preserving Computerized
Documents
Firm News
Supreme Court clarifies standars for retaliation cases
Employment provisions in immigration reform
Sexual Harrassment: How much must the employee prove?
Making a direct threat and posing a direct threat: Is there a difference under ADA?
Family Medical Leave Act (FLMA)
NLRB: Revisiting the union’s right to confidential information
New laws governing identity theft
Personal notes
Pornography in the workplace. What is the employer's obligation?
Supreme Court clarifies jurisdiction and burdens of proof in discrimination cases
Is "Bannering" a form of illegal picketing
Retiree medical benefits: Can they be terminated after retirement?
Milwaukee "Labor Peace" regulation found unlawful
The employer's obligation to pay or grant leave to employee negotiators
LM-10 Forms: The requirements and compliance recommendations
Introduction Part1: The reporting obligations
What is a reportable activity?
The De Minimis rule
Filing requirements and "Grace Period"
Tracking Procedures and maintaining records
What are some exceptions?
Part II: Compliance
Avoiding Covered Transactions
The De Minimus exception
The need to adopt new company policies
Changing policies at the NLRB
FLMA: Tightening the definition of "Serious health condition"
Five Unions form change to win coalition.
Non-Compete agreements: Will the court use a blue pencil?
Communicating new company policies by email: Does it bind the employee?
Surveillance cameras in the work place: When must the issue be bargained?
FLMA claims: Can they be waived by agreement?
Personality tests: When do they violate the ADA?
New York Labor Law held preempted by the NLRA
FMLA How are 75 miles measured?
USERRA: Restrictions on terminating reinstated veterans.
Releases of Discrimination claims
Warn and severance pay: What is the relationship?
The 15-emplyee requirement: Is it jurisdictional?
Supreme Court recognizes disparate treatment for age discrimination
The Union inflatable RAT: Is it constitutionally protected?
Whistleblower protections: How broad are they?
Preemption: Can a state require unionized contractors
Genetic Bias: Will it become a new form of discrimination?
Hostle environment: Can a union be liable?
When is a whistle blower protected by Sarbanes-Oxley?
The changing of the guard at the NLRB
Issues now pending at the NLRB
FMLA- When must reinstatement occur after FMLA leave?
Double taxation of attorney’s fees eliminated
Supreme Court defines defenses in constructive discharge cases
Changes at the NLRB
New Union reporting rules to go into effect
Reductions in force: Can they be based on Subjective criteria?
Changing eligibility for retirement benefits: The Supreme Court imposes limitations
Labor Law
Republicans assume NLRB majority
Restricting employee communications on confidential issues: What are the limits?
When must a company open its books to a union?
Family Medical Leave Act:
The employee that doesn’t return on time
Advising employees on their FMLA rights
Taking leave in anticipation of childbirth
The doctrine of Federal preemption: Limits on state regulation of labor issues
Jury Trial wavers: A sensible middle ground
New mandatory posting requirement for New York employers
A personal note
Supreme Court rejects claim by relatively younger workers
Negligence: The need to maintain a file on complaints about workers
Is an unharassed worker protected by title VII?
Supervisory harassment: When is the company responsible?
New law limits restrictions on employer investigations of workplace misconduct.
Changing work rules in unionized plants
Religious discrimination and the duty to accommodate
Misrepresentation in hiring
Who is an employee under ADA?
When is obesity a disability?
Keeping employee handbooks up to date: The risks of not inserting changes
Surveillance cameras: When must installations be bargained with the union
Good faith doubt: When can an employer stop bargaining with a union
Do EEO laws apply to US-based employees working abroad
