Until recently, an employee generally could not establish a constructive discharge claim (that they had been forced to resign due to intolerable conditions) without first demonstrating that they informed their employer about...more
2/27/2023
/ Adverse Employment Action ,
Constructive Discharge ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Labor Reform ,
Labor Regulations ,
MN Supreme Court ,
Notification Requirements ,
Workplace Harassment Guidance
On February 26, 2020, the National Labor Relations Board (NLRB) issued its long-awaited final rule narrowing the circumstances that will give rise to joint-employer liability. As expected, the NLRB returned to its...more
3/6/2020
/ Browning-Ferris Industries of California Inc. ,
Employer Liability Issues ,
Federal Labor Laws ,
Final Rules ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
NLRA ,
NLRB ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process ,
Wage and Hour
On September 14, 2018, the National Labor Relations Board (NLRB) published a Notice of Proposed Rulemaking for the joint-employer standard. Under the proposed rule, entities would be joint employers "if the two employers...more
9/19/2018
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Deregulation ,
Employer Liability Issues ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Labor Policies ,
NLRA ,
NLRB ,
Regulatory Reform ,
Staffing Agencies ,
Unions ,
Wage and Hour
On Monday February 26, 2018, the NLRB unanimously vacated its recent Hy-Brand decision from December 14, 2017, effectively reinstating the Obama-era Browning-Ferris test for determining joint-employer status established in...more
3/2/2018
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Deregulation ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
NLRA ,
NLRB ,
Regulatory Reform ,
Staffing Agencies ,
Unions ,
Vacated ,
Wage and Hour
As the United States Supreme Court wraps up its term, employers should take note of three decisions issued this past Monday, June 24....more
6/27/2013
/ But For Causation ,
Harassment ,
Hiring & Firing ,
Race Discrimination ,
Religious Discrimination ,
Retaliation ,
SCOTUS ,
Supervisors ,
UT Southwestern Medical v Nassar ,
Vance v. Ball State University ,
Vicarious Liability