We have seen a number of cases recently in Jersey and Guernsey where issues relating to covert recordings have arisen. Historically, employers have been reluctant to record disciplinary proceedings, and this does occasionally...more
In celebration of the 50th anniversary of Title IX of the Education Amendments of 1972 (Title IX), on June 23, 2022, the U.S. Department of Education (DOE) issued its anticipated proposed rule to amend Title IX’s implementing...more
Title IX Regulations Training (K-12) - The final Title IX regulations have been released. How will the new requirements affect your policies and procedures? Join Bricker & Eckler attorneys for a series of trainings to...more
This advanced-level virtual training course is developed specifically for K-12 administrators to help them better understand their school’s obligations under Title IX. Topics include how school discipline processes intersect...more
Title IX Regulations Training (K-12) - The final Title IX regulations have been released. How will the new requirements affect your policies and procedures? Join Bricker & Eckler attorneys for a series of trainings to learn...more
Today is the day. After almost two years of thinking about whether the proposed Title IX regulations would go into effect at all, starting today we are operating under the new rules at schools, colleges, and universities...more
The National Labor Relations Board (NLRB) recently overturned a 2016 decision holding that an employer violates Sections 8(a)(5) and (1) of the National Labor Relations Act (NLRA) by failing to provide notice and an...more
The National Labor Relations Board (NLRB) delivered two New Year’s gifts to employers regarding deferral to arbitration and restrictions on union buttons....more
The Trump National Labor Relations Board (Board or NLRB) gifted employers a significant win on the eve of the Christmas holiday with its December 23 decision in United Parcel Service, Inc., 369 NLRB No. 1 (UPS), which...more
In yet another end-of-2019 decision overruling significant NLRA precedent, the Board reverted to the less stringent Spielberg / Olin standard for determining whether to defer to arbitration decisions in the context of Section...more
Overruling 2014 precedent, see Babcock & Wilcox Construction, 361 NLRB 1127 (2014), the National Labor Relations Board (Board), last week in UPS, Inc. 369 NLRB No. 1 (Dec. 23, 2019), returned to the standard that applied from...more
On December 23, 2019, the National Labor Relations Board (NLRB, or the Board) overturned an Obama-era decision regarding deference to labor arbitration proceedings....more
In Phoenix House Ltd v Stockman UKEAT/0264/15, the Employment Appeal Tribunal (EAT) considered whether the ACAS Code of Practice on Disciplinary and Grievance Procedures (Code) applies to dismissals for “some other...more
Could UK Employers Risk an Unfair Dismissal Claim if They Do Not Pause the Process? One issue which can trouble HR professionals is how to deal with a grievance lodged by an employee during the course of a disciplinary...more
Last year, I wrote about an unsuccessful attempt to vacate a puzzling arbitration award that overturned the termination of a school custodian who made threats of violence. In a decision that was officially issued on October...more
In a decision issued last week, an Administrative Law Judge (“ALJ”) for the National Labor Relations Board (“NLRB”) ruled that an interim grievance procedure between an employer and a newly-certified union did not have to...more