The work refusal provisions of the Occupational Health and Safety Act should not be abused, an arbitrator has effectively held in overturning an employee’s dismissal but refusing reinstatement....more
Despite the uncertainty surrounding the legitimacy of the current National Labor Relations Board in the wake of the Noel Canning decision, the Board has continued to issue decisions that have serious consequences for...more
In Hispanics United of Buffalo, Inc., 359 NLRB No. 37 (Dec. 14, 2012), the National Labor Relations Board (NLRB) found that an employer violated section 8(a)(1) of the National Labor Relations Act (NLRA) by firing five...more
On February 7, 2013 the California Supreme Court, in a unanimous decision, affirmed that backpay and reinstatement are not available remedies for a plaintiff under the Fair Employment and Housing Act (“FEHA”) when an employer...more
A recent Memorandum issued by the National Labor Relations Board's (NLRB) Acting General Counsel Lafe Solomon may reflect a subtle effort by the Board to encourage the recovery of front pay for individuals claiming they were...more
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