Miller & Martin PLLC

The U.S. District Court for the District of Columbia ruled yesterday that the NLRB’s “quickie election” rule is invalid because it was passed without a quorum of Board members being present. As you may recall, the rule was…more

On Monday, April 30, 2012, the California Supreme Court issued a ruling in Kirby v. Immoos Fire Protection, Inc., holding that the prevailing party on claims of meal and rest break violations is not entitled to an award of…more

Today (April 30) is the day the NLRB’s quickie election rules go into effect. With the new NLRB decisions on what constitutes an appropriate voting unit favoring unions, the employer that is unprepared to respond immediately to…more

We apologize for the recent barrage of “labor and employment law alerts,” but with both the NLRB and the EEOC apparently “working overtime” lately, there have been several important topics to bring to your attention which have…more

Per the EEOC’s new Guidance, arrest records can be used as “evidence of conduct” (although not as “evidence of violations of the law”). Accordingly, if an employer prohibits the “conduct” for which someone was arrested, or this…more

We are not sure how many of you have run into this situation in your workforce yet. But we wanted to let you know in the event you do that the EEOC has recently confirmed that “transgender discrimination” is actionable under…more

Yesterday, we issued an alert about the District Court in South Carolina’s ruling on Friday that the NLRB’s posting requirement exceeded the Board’s authority and was, therefore, invalid. We also mentioned a somewhat…more

A South Carolina federal district court judge has ruled that the NLRB exceeded its authority in mandating that nearly all private employers (both union and non-union) have to post an NLRB-designed notice informing employees of…more

Yesterday, the California Supreme Court in Brinker v. Superior Court (April 12, 2012) gave employers a major, if not complete, victory on the interpretation of California meal and rest period law. Most significantly, the Court…more

We have been following SB 448, the “Small Business Borrower Protection Act” passed by the Georgia Senate on February 27, 2012, with great interest. The bill was revised by the House Committee on Banks and Banking. Despite…more

The Southeastern Carpenters Regional Council mounted a campaign against Fidelity Interior in Atlanta, GA. The union sent letters to owners and general contractors warning them of adverse consequences if they used Fidelity, a…more

Consumers today have greater access to and more knowledge of the information in their consumer reports than ever before. Non-compliance can lead to regulatory criticism, reputational damage, and monetary loss. Under Section…more

Members today have greater access to and more knowledge of the information in their consumer reports than ever before. Non-compliance can lead to regulatory criticism, reputational damage, and monetary loss. Under Section 617…more

The court's ruling in National Association of Manufacturers v. NLRB, Civil Case No. 11-1629 (ABJ) (USDCDC March 2, 2012) is in, and it is a split decision. The bad news for employers is that the court has upheld the…more

For those remaining non-union skeptics who wonder "why do you keep talking about the NLRB?" in these alerts, this latest decision may just make believers out of you that the NLRB is a force to be reckoned with -…more