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NLRB Upends Traditional Backpay Formula Providing Potential Windfall to Employees

In calculating backpay owed to former employees the National Labor Relations Board (NLRB) has concluded were wrongfully terminated, the Board has historically deducted any interim earnings. In calculating interim earnings,...more

What Does 'Noel Canning' Mean for the NLRB's Previously Decided Cases?

A comprehensive summary of the most significant previously-issued NLRB decisions up for reconsideration now that the U.S. Supreme Court has declared President Obama's recess NLRB appointments unconstitutional....more

NLRB Moves to Permit Employees’ Use of Company Email Systems for Union Organizing and Other Section 7 Rights

Close observers of the National Labor Relations Board (NLRB) in recent years had long expected the Board to one day revisit—and, possibly, overrule—Register-Guard, 351 NLRB 1110 (2007), the landmark NLRB opinion holding that...more

5/2/2014  /  DOL , Employee Rights , NLRA , NLRB , Register Guard , Unions

The Employment Law Authority - March/April 2014

In This Issue: - Depressed Worker Does Not Qualify For Leave: Court Finds FMLA Requires A Period Of Incapacity - Homer Deakins Testifies Before NLRB: Discusses Controversial Changes To Representation Election...more

New Jersey Clarifies New Hire Reporting Obligations

New Jersey employers traditionally must provide certain information about new hires (name, address, date of birth, and social security number) and the company (name, address, and federal tax ID) to the State Department of...more

New Jersey Bill Aims To Count Time Missed Due To A State Of Emergency In Determining Eligibility For Certain Leave Benefits

On September 30, 2013, a bill (S2996) was introduced seeking to expand eligibility for state leave and disability benefits for employees who have been laid off or furloughed due to a declared state of emergency. First, the...more

Proposed Amendment To New Jersey Prevailing Wage Law Would Severely Punish Repeat Offenders

On October 14, 2013, the Senate introduced a bill (S3012) that would severely punish repeat violators of the prevailing wage law. Specifically, the bill would grant the commissioner authority to issue a stop-work order...more

Arbitrator’s Decision Finding Just Cause For Discharge Dooms Subsequent Statutory Claims, District Of New Jersey Holds

In Robbins v. U.S. Foodservice, Inc., 2012 WL 3781258 (D.N.J., August 30, 2012), a union employee’s discrimination (NJLAD) and leave law (FMLA and NJFLA) claims were dismissed because her union previously had grieved her...more

“Old Man” Comments By A Supervisor Were Sufficient To Cause Hostile Work Environment And Individual Liability, New Jersey...

In Farrell v. Toys R’ Us, 2012 WL 4069515 (App. Div., September 18, 2102), an assistant store manager claimed that he was subjected to an age-based hostile work environment in violation of the NJLAD because his supervisor...more

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