Labor & Employment Law | JD Supra Legal News, Updates, Analysis, & Information

Airline Industry Legal Alert: NMB Announces Public Hearing on Proposed Rule Implementing RLA Amendments Which May Eliminate...

by Ford & Harrison LLP on 5/23/2012

Executive Summary: On May 22, the National Mediation Board (NMB) announced that it will hold a public hearing on June 19, 2012, and invited interested persons to share their views on its proposed rule changes relating to the...more

Action Against Workers' Comp Claims Administrator Not Covered by Insurer's Arbitration Provision, Court of Appeal Rules

by Barger & Wolen on 5/21/2012

In DMS Services, Inc. v. Superior Court, the Plaintiff brought suit in California state court for breach of contract, bad faith and related claims against the third-party administrator, or TPA, responsible for managing its...more

Executive Entitled to Bonus Despite Breach of Fiduciary Duty

by Fraser Milner Casgrain LLP on 5/18/2012

The Ontario Court of Appeal has recently restored an arbitrator’s decision granting a terminated executive his bonus despite his misappropriation of the employer’s money and resources during the period in which the bonus was...more

Arbitration Agreement Between Purported Employer and Employees Unconscionable, Court of Appeal Rules

by Barger & Wolen on 5/14/2012

In Samaniego v. Empire Today, Plaintiffs worked as carpet installers for Defendant, Empire Today. When they were initially hired, and again later during their employment, Plaintiffs were given form contracts and told to sign...more

Fenwick Employment Brief - May 2012

by Fenwick & West LLP on 5/14/2012

In This Issue: - Attorney Fees Not Recoverable For Prevailing Party In Meal And Rest Period Cases - EEOC Provides Guidance Regarding Use Of Criminal History In Employment Decisions - News Bites ..Court...more

NLRB Seeks To Invalidate Arbitration Agreements

by Akerman Senterfitt on 5/11/2012

On April 30, 2012, the National Labor Relations Board ("Board") issued a complaint alleging that 24 Hour Fitness USA, Inc. violated the National Labor Relations Act ("Act") by requiring that all employment disputes be...more

NLRB Attacks Mandatory Employment Arbitration (Again!)

by Siegel, O'Connor, O'Donnell & Beck, P.C. on 5/4/2012

The NLRB General Counsel has issued an unfair labor practice complaint against 24 Hour Fitness, an employer in California. The NLRB is alleging that, as a result of its mandatory arbitration policy dealing with employment...more

Employment Law Issues in the Workplace: EEOC Developments

by Dinsmore & Shohl LLP on 5/4/2012

Over the past few years, the Equal Employment Opportunity Commission (EEOC) has shifted its focus towards systemic lawsuits. It has also been able to obtain larger settlements than in the past. This article provides an...more

NRLB Takes Aim At 24 Hour Fitness Over Employee Arbitration Opt-Out Policy

by Barger & Wolen on 5/2/2012

As reported in The Recorder, (subscription required) the National Labor Relations Board has filed a formal complaint against 24 Hour Fitness, alleging the gym company’s arbitration opt-out policy compels employees to waive...more

Injured Ambulance Attendant who Assumed Potential Safety Risk Entitled to Be Accommodated: Ontario Arbitrator

by Fraser Milner Casgrain LLP on 4/26/2012

An Ontario arbitrator has held that an ambulance attendant was entitled to be accommodated by the employer, by permitting him to “ride 3rd” in an ambulance despite a potential but not actual risk to his safety. The...more

“Unsafe” Coworker Did not Justify Work Refusal under OHSA: Ontario Arbitrator

by Fraser Milner Casgrain LLP on 4/13/2012

An Ontario arbitrator has held that a worker was not justified in refusing to work because it was allegedly unsafe to work with his coworker, a lead hand. The grievor, a saw operator, refused to work with the lead hand...more

Third Circuit Compels Arbitration in Meal Break Case and Finds No Basis for District Court’s Unconscionability Ruling

by Duane Morris LLP on 4/9/2012

Employers who do not currently use mandatory arbitration agreements with their employees should consider the benefits of doing so. On March 14, 2012, in Quilloin v. Tenet Healthsystem Phila., Inc., the U.S. Court of...more

Socially Aware: The Social Media Law Update -- Vol. 3, Issue 2 April 2012

by Morrison & Foerster LLP on 4/6/2012

In This Issue: Vindictive Ex-Girlfriend Could Face 18 Months in Prison for Facebook “E-Personation”; Man Bites PhoneDog: Twitter Account Ownership Dispute; Warning Signs: Promotions Using Facebook’s “Like” Feature; The...more

Courts Reject NLRB’s Ruling That Arbitration Agreements Violate NLRA

by Morgan Lewis on 3/29/2012

Three district courts to consider D.R. Horton have distinguished or rejected the NLRB's holding that it was a violation of the NLRA to condition employment on an agreement providing all employment disputes and claims would be...more

California Update -- First Quarter 2012

by Fox Rothschild on 3/28/2012

In This Issue: New California Employment Laws For 2012; Employment Issues Keep On Truckin’; IRS To Help Employers When Reclassifying Employees; Half Hour To Eat And A Suitable Seat; California Courts Remain Hostile To...more

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Labor & Employment Law – May 23, 2012

Narrowed by: Alternative Dispute Resolution (ADR)