Adam Santucci

Adam Santucci

McNees Wallace & Nurick LLC

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NLRB GC Release Report Offering Employers Guidance on Handbook Policies

The National Labor Relations Board’s Office of General Counsel recently released a Report of the General Counsel Concerning Employer Rules, which is apparently designed to offer guidance to employers regarding workplace...more

3/23/2015 - Employee Handbooks New Guidance NLRB

ADA Claim Brought by Claustrophobic Attorney Allowed to Proceed

When the Americans with Disabilities Act definition of "disability" was expanded by the ADA Amendments Act of 2008, we told you to expect an increase in accommodation requests and disability discrimination claims. Many of you...more

3/2/2015 - ADA Corporate Counsel Disability Discrimination Employer Liability Issues Reasonable Accommodation

Board Continues Aggressive Policing of Employee Social Media Use

Stop me if you heard this one: the National Labor Relations Board recently reinstated employees who were discharged for comments made on their Facebook pages and found that the employer's social media policy was unlawful....more

10/28/2014 - Employer Liability Issues Employment Policies Facebook NLRB Social Media Social Media Policy

NLRB Modifies Standard Remedial Notice to Include QR Code and Link to Board's Web Site

The National Labor Relations Board recently took the opportunity, in a case dating back to 2011, to update and modernize some of the standard language contained in the remedial notice that the Board requires to be posted as a...more

10/23/2014 - Employee Rights NLRA NLRB

Screaming Profanities and Threatening the Boss Not Enough to Get You Fired According to NLRB

Yep, that's right. The employee's outburst is too obscene to reproduce on the Blog. Suffice to say that the employee, who was employed for only about two months: (1) called the owner of the company a crook and a number of...more

8/8/2014 - Employee Rights Employer Liability Issues Hiring & Firing NLRB Obscenity

UPDATE: Still No Love for No Gossip Policy

We previously reported that a National Labor Relations Board Administrative Law Judge found that an employer violated the National Labor Relations Act by implementing a "no gossip" policy and firing an employee who violated...more

8/4/2014 - Employer Liability Issues Employment Policies Hiring & Firing NLRB

FAIL: Union Argues Arbitration Panel Should Ignore Public Employers' Ability to Pay

Yeah, I know, crazy right? Here is the story. Apparently the Union did not think so. When the American Federation of State, County and Municipal Employees ("Union") and the City of Philadelphia ("City") could not reach terms...more

7/17/2014 - Arbitration Collective Bargaining Mandatory Arbitration Clauses Municipalities Unions

Fair Share Fees Unconstitutional in the Public Sector? Not So Fast

The United States Supreme Court has been issuing employment-law related decisions like a boss over the past week or so. Many observers thought that the Court's decision in Harris v. Quinn, a case examining the...more

7/7/2014 - Corporate Counsel Fair Share Law Harris v Quinn Healthcare Healthcare Professionals Physicians SCOTUS Unions

NLRB Continues to Throw Up Roadblocks for Internal Investigations

As we previously reported, the National Labor Relations Board has thrown down some pretty significant roadblocks for employers attempting to conduct thorough and actionable internal investigations. The Board continued those...more

6/24/2014 - Internal Investigations Investigations NLRA NLRB

NLRB Upholds Discharge for Deliberate Betrayal, Despite Reliance on Unlawful Policy

The National Labor Relations Board recently issued a somewhat surprising decision that provides useful guidance to employers facing employee misconduct. In Flex Frac Logistics, LLC, the Board found that an employee's...more

6/13/2014 - Administrative Hearings Adverse Employment Action Confidential Information Confidentiality Policies Employment Policies Flex Frac Hiring & Firing NLRB Termination Willful Misconduct

Pregnancy Accommodation Laws Abound

You may recall that we reported that United States Senator Bob Casey (D-PA) introduced the Pregnant Workers Fairness Act, which would adopt the reasonable accommodation framework of the Americans with Disabilities Act for...more

2/21/2014 - Employee Rights Pregnancy Pregnancy Discrimination Reasonable Accommodation

The National Labor Relations Board 2013 Year in Review - An Overview of the Board’s Significant Actions

Introduction - From the looks of it, 2013 was a very rough year for the National Labor Relations Board (Board)! Last year, we reported that the Board would face some serious legal battles in 2013. Some of those...more

2/19/2014 - Canning v NLRB Compliance Enforcement Enforcement Actions NLRA NLRB

No Love For No Gossip Policy

A National Labor Relations Board (NLRB) Administrative Law Judge (ALJ) recently concluded that an employer violated the National Labor Relations Act (Act) by implementing a "no gossip policy" and by firing an employee who...more

1/10/2014 - Compliance Employer Liability Issues NLRA NLRB Termination

NFL Hires Outside Investigator . . . Should You?

The National Football League ("NFL") has hired an outside investigator to handle the complaint made by Jonathan Martin, an offensive lineman for the Miami Dolphins. The national news media cannot seem to get enough of this...more

11/11/2013 - Investigations NFL Private Investigators

OSHA's New Hazard Communication Standard: Employers Are Required To Provide Training To Employees By December 1, 2013

The Occupational Safety and Health Administration (OSHA) has issued a new Hazard Communication Standard (HCS) that is designed to enhance employee health and safety by aligning the classification and labeling of chemicals in...more

9/18/2013 - Globally Harmonized System Hazardous Communication Standard OSHA UN

DOL To Compel Federal Contractors To Hire More Veterans And Disabled Individuals

As expected, new U.S. Department of Labor Secretary Thomas Perez has wasted little time implementing a number of agenda items in the few short weeks since his Senate confirmation. Most recently, Secretary Perez announced two...more

9/3/2013 - Affirmative Action Anti-Discrimination Policies Disability Disability Discrimination Discrimination DOL Rehabilitation Act Veterans Vietnam Era Veterans’ Readjustment Assistance Act

Taking The Check Out Of Paycheck: The Legality Of Payroll Debit Cards

Recently, the practice of paying employees via payroll debit cards came under fire when an employee filed a class action lawsuit against her employer, a McDonalds' franchisee, alleging that payment of wages via a Chase...more

7/25/2013 - Class Action Employee Rights Employer Liability Issues Employer Mandates Minimum Wage Payroll Cards Wage and Hour

Security Is Key To "BYOD" Policies

In the last several years, there has been an explosion in the number of workers who use their own personal mobile devices to perform work functions (commonly referred to as “Bring Your Own Device” or “BYOD”)....more

7/16/2013 - Bring Your Own Device Business Development Cell Phones Cybersecurity Mobile Devices Security Technology

Be Clear: Include Class Arbitration Waivers In Arbitration Clauses

The Supreme Court of the United States continued its hot streak in the arbitration and class action waiver arena with two recent decisions....more

7/12/2013 - American Express v Italian Colors Restaurant Arbitration Arbitration Agreements Class Action Arbitration Waivers Oxford Health v Sutter SCOTUS

UPDATE: Dive Into Employee Tip Pools And Find Yourself Swimming With Sharks

Recently, we shared with you an article published by our Alcoholic Beverage and Liquor License Practice Group regarding the use of employee tip pools. ...more

6/25/2013 - Class Action Employer Liability Issues Tip-Pooling Tips

Unpaid Internships May Cost Your Business Dearly In The Long Run

Summer has finally arrived. While many of us will soon become consumed with pool parties, backyard barbeques, and well-deserved vacations, a new crop of summer interns is just beginning their first endeavor in the working...more

6/20/2013 - Child Labor DOL FLSA Internships Minimum Wage Unpaid Interns Wages

You've Got The Job, Details Will Follow - Employment Offer Letters & Non-Compete Agreements

In Pennsylvania, a non-compete agreement (NCA) must be supported by legal "consideration" in order to be enforceable....more

6/17/2013 - Consideration Employment Contract Enforcement Hiring & Firing Non-Compete Agreements

NLRB Finds Discussions With Employees Of Another Employer Can Constitute Protected Activity

As we discussed with participants in our recent Labor and Employment Law Seminar, despite recent setbacks, the National Labor Relations Board continues to issue decisions that are concerning for employers....more

6/3/2013 - Electronic Communications Independent Contractors NLRA NLRB Protected Concerted Activity Unions

Facebook Discussion About "Street People" Protected

In a recent decision involving employee social media activity, the National Labor Relations Board held that a high-end clothing boutique in San Francisco violated the National Labor Relations Act when it terminated employees...more

5/15/2013 - Facebook Hiring & Firing NLRB Social Media Policy

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