On April 1, 2025, the Seventh Circuit Court of Appeals clarified the remedies available to nondisabled employees subjected to improper medical examinations or inquiries under the Americans with Disabilities Act (ADA). ...more
On August 30, 2023, the National Labor Relations Board (NLRB) released two decisions that will make it more difficult for employers to implement past practices during a break in bargaining or at an impasse, opening the door...more
9/8/2023
/ Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Contract Terms ,
Corporate Counsel ,
Employer Liability Issues ,
Labor Relations ,
NLRA ,
NLRB ,
Regulatory Violations ,
Unfair Labor Practices ,
Unions
In EEOC v. Charter Communications, LLC, the Seventh Circuit Court of Appeals recently held an employee with a disability may be entitled to an Americans with Disabilities Act (ADA) accommodation to get to work when attendance...more
On March 31, 2023, New York City Comptroller Brad Lander, on behalf of the five New York City retirement systems, announced a new shareholder proposal at Chipotle Mexican Grill, Inc., asking the board of directors to adopt a...more
On March 15, 2023, in a case of first impression, the United States Court of Appeals for the Third Circuit held that paid time off (PTO) is not part of an employee’s salary. Therefore, the employer did not compromise...more
On January 31, 2022, the United States Court of Appeals for the Third Circuit held in Doe v. Scalia that once the Occupational Safety and Health Administration (OSHA) has completed enforcement proceedings, an employee may not...more
2/9/2023
/ Appeals ,
Corporate Counsel ,
Employment Litigation ,
Enforcement Actions ,
Injunctive Relief ,
OSH Act ,
OSHA ,
Private Right of Action ,
Safety Inspections ,
Safety Violations ,
Workplace Safety
The attorney-client privilege protects confidential communications between clients and their attorneys made for the purpose of obtaining or providing legal advice. In Upjohn Co. v. United States, a seminal 1981 decision...more
On March 25, 2022, the U.S. Department of Justice (DOJ) found the Indiana State Board of Nursing violated Title II of the Americans with Disabilities Act (ADA) when it refused to allow a nurse taking medicine prescribed to...more
On August 22, 2019, a three-member panel of the National Labor Relations Board (NLRB) ruled unanimously in favor of the Pittsburgh Post-Gazette, dismissing an unfair labor practice charge filed by seven unions that represent...more
In Raytheon Network Centric Systems, 365 NLRB No. 161 (December 15, 2017), the National Labor Relations Board (NLRB) jumped back into the quagmire of past practice, dynamic status quo, and impasse to create firmer ground for...more
I This Issue:
- “Facebook Firing” Ruling Favors Employer
- Workplace Strategies Hits New Highs
- EEOC Issues Updated Guidance For Specific Disabilities
- Genetic Discrimination Suit Settles
- Third Circuit Sides...more
6/20/2013