Summer Davis

Summer Davis

Bradley Arant Boult Cummings LLP

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You Must Be Sober For More Than A Week To Keep Your Truck Driving Job

If a commercial driver is diagnosed with chronic alcoholism, can his employer terminate him a week later because his diagnosis excludes him from performing the essential functions of his job? In Jarvela v. Crete Carrier...more

2/4/2015 - ADA Commercial Truck Drivers Drug & Alcohol Abuse Hiring & Firing Termination Trucking Industry

NLRB In ConAgra Ruling Signals What May Be Solicitation

The National Labor Relations Board recently decided that discipline of an employee for violation of the employer’s nonsolicitation policy was unlawful, even though the employee engaged in union-related discussion and the...more

1/7/2015 - Adverse Employment Action ConAgra Discipline Employee Solicitation Employer Liability Issues Employment Policies Enforcement Actions NLRB Union Membership Unions

NLRB’s ConAgra Foods Decision Finds Employer’s Application of Non-Solicitation Policy Unlawful

The NLRB recently decided that ConAgra Food’s discipline of Janette Haines for violating the non-solicitation policy was unlawful, even though Haines engaged in a union-related discussion, and her discussion prompted another...more

12/16/2014 - ConAgra Corporate Counsel Employer Liability Issues NLRB Protected Concerted Activity Solicitation/Distribution Policies Union Elections Unions

But Wait . . . My Workers Are Independent Contractors, Right?

Following the U.S. Department of Labor’s recent release of its Memorandum of Understanding (“MOU”) with the Alabama Department of Labor, employers should not rest easy simply because they classify their workers as independent...more

10/14/2014 - DOL Employee Definition Employer Liability Issues Independent Contractors Memorandum of Understanding Misclassification

Practical Tips for Dealing with an EEOC Charge

The first step for most disgruntled employees who believe they have been discriminated against is to file a Charge of Discrimination with the EEOC, which is a prerequisite for filing a lawsuit under several discrimination...more

9/17/2014 - ADAAA ADEA Discrimination EEOC Employer Liability Issues Equal Pay GINA Hiring & Firing PDA Retaliation Title VII

Obama Administration’s Recess Appointments to the NLRB Declared Unconstitutional: All NLRB Decisions Since January 2012 Overturned

In Noel Canning v. NLRB, the D.C. Circuit Court recently ruled that President Obama lacked the authority to make three recess appointments to the five-member National Labor Relations Board (NLRB), rendering the recess...more

2/11/2013 - Banner Health System Barack Obama Canning v NLRB Costco Karl Knauz Motors Marriott NLRB Recess Appointments Sodexo America WKYC-TV

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