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Use of Criminal Background Checks Upheld by Federal Judge

In a rebuke to the Obama Administration, a federal judge has held that an employer may use criminal history as a hiring criterion without violating a job applicant’s civil rights....more

Despite Sovereign Status Indian Tribe Must Follow NLRA

In a decision that could have ripple effects nationwide, the National Labor Relations Board (“NLRB”) has held that federal labor protections apply to an Indian tribe’s casino operations in Oklahoma....more

Arbitrator’s Award Given Preclusive Effect in Racial Discrimination Case

In Wade v. Ports America Management Corp., the California Court of Appeal, Second Appellate District held that an arbitration award, pursuant to a collective bargaining agreement, had res judicata effect on a plaintiff’s...more

It’s Just Lunch Agrees to Pay $900,000 to Settle Discrimination Suit

The dating service It’s Just Lunch USA, LLC (“It’s Just Lunch”) will pay $900,000 to settle a suit alleging that the company discriminated against men....more

U.S. Supreme Court Will Rule on Obama’s Recess Appointments

The fate of hundreds of mostly pro-union federal agency rulings now rests with the U.S. Supreme Court. The Court this week agreed to take up Noel v. Canning, the case involving President Obama’s controversial recess...more

Analysis: Controversy Surrounding Obama’s NLRB Recess Appointees

As an employer, you may be perplexed by the flap over President Obama’s recess appointments to the National Labor Relations Board (“NLRB”) and concerned about what it all means for business....more

President Obama To Abandon Recess Appointees to the NLRB

The drama surrounding President Barack Obama’s recess appointments to the National Labor Relations Board (“NLRB”) took an unexpected twist this week as the President announced his intention to nominate three new members....more

EEOC Sues Toys “R” Us On Behalf of Deaf Job Applicant

The U.S. Equal Employment Opportunity Commission (“EEOC”) has sued retailer Toys “R” Us for failing to provide an interpreter to assist a deaf job applicant during an interview....more

Employers May Violate Federal Law By Refusing To Hire Union Organizers

Here’s a challenging scenario for employers: An individual applies for a job. The employer becomes aware that the applicant is a union volunteer who will likely try to organize the workplace if hired....more

3/15/2013  /  Aerotek , Hiring & Firing , NLRA , NLRB , Unions

NLRB Will Ask Supreme Court To Affirm Board Members

The National Labor Relations Board (“NLRB”) announced today that it would ask the U.S. Supreme Court to review a federal court ruling that invalidated the appointment of three members and put hundreds of mostly pro-union...more

Court Denies Attorneys' Fees in Herbalife Estate Case

A San Francisco appeals court has rejected a law firm’s attempt to recover $3 million billed on a trust matter on the grounds that the work did not benefit the estate....more

3/8/2013  /  Attorney's Fees , Herbalife , Trustees

ObamaCare’s Whistleblower Protections Go Into Effect

Though President Obama and Congress established broad requirements in the Affordable Care Act (aka ObamaCare), they tasked federal agencies with filling in myriad blanks regarding implementation. The agency rules that are...more

Employers May Not Engage In Coercive Surveillance of Unions

An employer risks violating federal labor laws by monitoring employees’ union activities, or even creating an impression of surveillance....more

Senator Introduces Bill To Freeze NLRB Decisions

Hundreds of National Labor Relations Board (“NLRB”) actions, many of which make it easier for workers to unionize, would be frozen or invalidated under legislation proposed this week by Sen. John Barrasso (R-Wy)....more

Federal Appeals Court Strikes Down President Obama’s NLRB Appointments

In a decision that could have an enormous impact on employers, a federal appeals court has ruled that President Barrack Obama violated the Constitution when he appointed three members to the National Labor Relations Board...more

EEOC to proceed with class action disability discrimination case against UPS

In a ruling that could negatively impact employers, an Illinois federal judge has allowed the Equal Employment Opportunity Commission (“EEOC”) to proceed with a class action disability discrimination case against United...more

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