Christopher T. Cognato

Christopher T. Cognato

Ballard Spahr LLP

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NLRB Rules Workers Have Right To Use Employer E-mail for Organizing Activity, Reversing Precedent

In a closely watched decision, the National Labor Relations Board (the Board) ruled today that workers must be permitted to use their employers’ e-mail systems for union organizing activity and all other communications about...more

12/12/2014 - Email NLRB Purple Communications Unions

Federal Court Notes Flaws in EEOC Stance on Severance Agreements

In a closely watched case, a federal district court questioned the stance of the U.S. Equal Employment Opportunity Commission (EEOC) that a severance agreement and general release of claims offered to employees can violate...more

10/13/2014 - Discrimination EEOC Employee Rights Employer Liability Issues Retaliation Severance Agreements

Calif. Supreme Court Sides Against NLRB, Finds Class Action Waivers in Arbitration Agreements Enforceable

The Supreme Court of California recently found an employee’s waiver of the right to bring a class action against his former employer enforceable under state law. In the process, the court reversed its 2007 decision in Gentry...more

6/30/2014

Telecommuting May Be Reasonable ADA Accommodation for Some Workers, Sixth Circuit Holds

In a decision with possibly far-reaching consequences, the U.S. Court of Appeals for the Sixth Circuit recently held that an employer may be required to grant a telecommuting request as a reasonable accommodation under the...more

4/30/2014 - ADA Disability Reasonable Accommodation Telecommuting

Federal Negotiators Allow Lawyers, Other Advisers To Participate in Campus Sexual Assault Hearings

Negotiators empaneled by the U.S. Department of Education (Department) recently reached consensus on several preliminary campus safety rules that should be published in the coming months under the Campus Sexual Violence...more

4/4/2014 - Clery Act Department of Education SAVE Act

NLRB Reissues ‘Ambush Election’ Rules

The National Labor Relations Board (NLRB) has issued proposed rules and regulations which, if adopted, will dramatically change the process for representation case petitions and pre-election procedures. Referred to by critics...more

2/7/2014 - Ambush Election Rules NLRB Union Elections

Employer Voice-Recording Ban Is Lawful, NLRB Administrative Law Judge Finds

A National Labor Relations Board (NLRB) Administrative Law Judge (ALJ) recently found that a policy of Whole Foods Markets, Inc., prohibiting employees from recording conversations in the workplace did not violate the...more

11/5/2013 - Audio Recording Cell Phones Mobile Devices NLRB

Feds Warn Medical, Dental, and Nursing Schools about Unlawful Discrimination against Students and Applicants with Hepatitis B

Three federal agencies recently publicized a joint agency letter that was sent to schools of medicine, dentistry, and nursing and other health-related schools about what the agencies perceive as potential discrimination...more

6/20/2013 - ADA CDC Disability Discrimination Discrimination DOJ Healthcare Hepatitis B Medical School Students

Reminder: Employers Must Use New I-9 Form Beginning May 7, 2013

On May 7, 2013, employers must begin using a new version of Form I-9 published by the U.S. Citizenship and Immigration Services (USCIS) to verify the identity and authorization of their employees to work in the United States....more

4/23/2013 - Deadlines Eligibility I-9 Safe Harbors USCIS

New Employment Eligibility Verification (I-9) Form Published

The U.S. Citizenship and Immigration Services (USCIS) has published a new version of Form I-9, the form used by employers to verify the identity and authorization of their employees to work in the United States. Employers may...more

3/13/2013 - Eligibility Hiring & Firing I-9 USCIS

University Agrees To Modify Dining Services To Accommodate Food Allergies under the ADA

The Department of Justice (DOJ) has reached an agreement with Lesley University of Cambridge, Massachusetts, under which Lesley agreed to modify its food services and meal plan system to accommodate students with celiac...more

12/28/2012 - ADA ADAAA Colleges Disability DOJ EEOC Food Allergies Food Safety Reasonable Accommodation Students Universities

OFCCP Sending ‘Courtesy’ Notice of Compliance Evaluation

The Office of Federal Contract Compliance Programs (OFCCP), the Department of Labor (DOL) agency charged with enforcing affirmative action and equal employment opportunity requirements imposed on certain federal contractors...more

11/27/2012 - Affirmative Action DOL OFCCP

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