As Election Day approaches, employers nationwide consider the changes that may come with a victory by Senator Joseph Biden in the Presidential race and/or shift in representation in the U.S. Senate. While we cannot be...more
10/30/2020
/ Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Equality Act ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Final Rules ,
Independent Contractors ,
Joe Biden ,
Labor Relations ,
NLRB ,
OFCCP ,
OSHA ,
Paycheck Fairness Act ,
Presidential Elections ,
Proposed Rules ,
Union Organizers ,
Wage and Hour ,
Workplace Investigations ,
Workplace Safety
Educational institutions across the nation are grappling with decisions on returning teachers, staff and administrators to work for the academic year 2020-2021 in the midst of the COVID-19 pandemic. Each institution must...more
7/22/2020
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employment Discrimination ,
NLRB ,
Our Lady of Guadalupe School v Morrissey-Berru ,
Religious Schools ,
SCOTUS ,
Title VII ,
Unfair Labor Practices
Employers across the world are responding to the developing information on the coronavirus (referred to as COVID-19). While there are many considerations, and many fact-specific considerations based on the nature of the...more
On November 16th, Texas federal judge Sam R. Cummings granted Summary Judgment to several business groups, joined by Texas and nine other states, seeking to block enforcement of the U. S. Department of Labor’s (DOL) new...more
11/18/2016
/ Attorney-Client Privilege ,
Collective Bargaining ,
Confidential Information ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Obama Administration ,
Permanent Injunctions ,
Persuader Rules ,
Preliminary Injunctions ,
Reporting Requirements ,
Summary Judgment ,
Trump Administration ,
Unions
Big Bob supervises an all-male make-ready crew. The team gets along well— they get their work done but have fun doing it. The guys banter throughout their shift, calling each other inappropriate names, telling dirty jokes,...more
On June 26, 2013, the United States Supreme Court held that Section 3 the Defense of Marriage Act (DOMA), which prevented the federal government from recognizing state-granted same-sex marriages, was unconstitutional because...more
10/15/2013
/ Department of Labor (DOL) ,
DOMA ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Equal Protection ,
Family and Medical Leave Act (FMLA) ,
Fifth Amendment ,
IRS ,
Same-Sex Marriage ,
SCOTUS ,
US v Windsor
On June 26, 2013, the United States Supreme Court held that Section 3 the Defense of Marriage Act (DOMA), which prevented the federal government from recognizing state-granted same-sex marriages, was unconstitutional because...more
Sikiru Adeyeye requested approximately four weeks of leave from work to participate in his father’s funeral ceremony in Nigeria. In his request, Adeyeye explained that he had to attend the “funeral rite” and that it was “very...more
In June 2013, the American Medical Association (AMA) declared obesity a disease. The president of the AMA gave several reasons for this declaration “[R]ecognizing obesity as a disease will help change the way the medical...more
One of your top workers, Emily Employee, comes to you distraught: She can no longer take Carla Co-Worker’s harassing comments about Emily’s religion. Some of the comments Emily relayed to you sound pretty bad and would result...more
The Americans with Disabilities Act (ADA) requires any information regarding employees obtained through a medical inquiry to be kept confidential. Such information must be recorded on separate forms and kept in a confidential...more
On October 31, 2012, the National Labor Relations Board (NLRB) Office of General Counsel (G. C.) issued two Advice Memoranda clarifying whether employment at-will language in an employee handbook, applications or other...more
As a result of a recent ruling by the National Labor Relations Board (NLRB), non-union employers who have a practice or policy that prohibits employees from discussing ongoing internal investigations of workplace misconduct...more