News & Analysis as of

Back Pay Reinstatement

Constangy, Brooks, Smith & Prophete, LLP

When employers are sorry

The unconditional offer of reinstatement. Are you perfect? So am I. But I’ve been told that there are people in the world who sometimes make mistakes. Sometimes employers do things that they think they have a perfect right...more

Kohrman Jackson & Krantz LLP

Spa Corporate Officials Taken into Custody for Refusal to Comply with NLRB and Court Orders

In a recent and highly unusual turn of events, the United States Court of Appeals for the Seventh Circuit (Seventh Circuit) has ordered U.S. Marshals to take corporate officials of Haven Salon + Spa (Haven) into custody for...more

Foley & Lardner LLP

Landmark NLRB Decision Expands Labor Violations

Foley & Lardner LLP on

As we’ve recently informed our readers, the National Labor Relations Board (“NLRB” or the “Board”) ended 2022 with a series of consequential decisions for employers. One such decision – issued on December 13, 2022,...more

Foley & Lardner LLP

NLRB Leaves Lumps of Coal In Employers’ Holiday Gift Bags

Foley & Lardner LLP on

The National Labor Relations Board (NLRB or the “Board”) has issued a series of recent decisions that will give employers concern in 2023 and beyond. First, on December 13, 2022, the Board issued a decision that greatly...more

Foley & Lardner LLP

NLRB Unleashes New Damages Against Labor Law Violators

Foley & Lardner LLP on

On Tuesday, December 13, 2022 to the National Labor Relations Board ("NLRB”) issued a decision that could have profound effect on employers in all industries, regardless if they have a union. In Thrryv, Inc., the NLRB ruled...more

Roetzel & Andress

Back Pay Plus: NLRB Permits Employees To Recover “Foreseeable” Damages From Employers for Labor Law Violations

Roetzel & Andress on

Yesterday, the National Labor Relations Board significantly expanded the damages available to employees in unfair labor practice proceedings. Damages for employees wrongfully discharged in violation of federal labor law have...more

Jackson Lewis P.C.

Top Five Labor Law Developments for November 2021

Jackson Lewis P.C. on

1. On Nov. 19, 2021, the House passed a version of the Build Back Better Act that would vastly expand employer liability under the National Labor Relations Act (NLRA). The bill adds aggressive “civil penalties,” on top of the...more

Jackson Lewis P.C.

Build Back Better Reconciliation Bill Includes Heavy New Penalties for Employer Violations of NLRA

Jackson Lewis P.C. on

The media has been covering the budget bill – the Build Back Better Act – which contains controversial provisions on many subjects. Among them are provisions that include new employer penalties under the National Labor...more

Tucker Arensberg, P.C.

Commonwealth Court Grants Over Four Years of Additional Back Pay to A Teacher, Overturning Pennsylvania Secretary of Education on...

Tucker Arensberg, P.C. on

Vladimirsky v. School Dist. of Phila., 206 A. 3d 1224 (Pa. Commw. Ct. 2019).  The Pennsylvania Commonwealth Court overturned a finding of the Pennsylvania Department of Education that teacher did not exercise reasonable due...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Black Forest Décor for Disability Discrimination

Home Décor Business Fired Warehouse Employee for Taking Unpaid Leave It Forced Her to Use, Federal Agency Charges - LOUIS - Black Forest Décor, LLC violated federal law when it forced a worker with a disability at its...more

Fisher Phillips

Kansas City Decides 2018 Is The Year For Private Employers To “Ban the Box” - 5-Step Plan To Come Into Compliance

Fisher Phillips on

The City Council in Kansas City, Missouri just passed an extension of its 2013 public sector “ban the box” rule, which will soon be extended to apply to private sector employers. The new ordinance will go into effect on June...more

Proskauer - Labor Relations Update

Case Demonstrates Perils Of Refusing To Discuss Issues With Union

A significant change in NLRB precedent during the last few years was the added requirement that an employer bargain over discretionary aspects of discipline in the period between the union acquiring representational rights...more

Seyfarth Shaw LLP

Tenth Circuit Orders Truck Driver Who Abandoned Trailer on Interstate Highway to be Reinstated with Backpay

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Tenth Circuit held that a trucking company unlawfully retaliated against a truck driver after he abandoned a trailer on a public highway, finding that his actions constituted a protected refusal to...more

Franczek P.C.

Taxpayer Suit Establishes that School Board Policies Have the Force of Law

Franczek P.C. on

On July 20, 2016, the Illinois Appellate Court reversed the decision of the circuit court in Veazey v. Rich Township High School District 227, et al. and sent the case back to the circuit court with instruction that Mr....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Decision Threatens 75-Year-Old Precedent, Analyzes Employer’s Motive for Hiring Replacement Workers

On May 31, a divided National Labor Relations Board (NLRB) issued a very significant decision in American Baptist Homes of the West, increasing the impact of an employer’s motive in deciding whether the permanent replacement...more

Proskauer Rose LLP

NYC Expands Scope of Displaced Building Service Workers Protection Act

Proskauer Rose LLP on

Background - In 2002, Mayor Bloomberg signed the New York City Displaced Building Service Workers Protection Act ("DBSWPA" or "Act") into law. The DBSWPA significantly affects companies' labor and employment...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSHA Issues New Electronic Recordkeeping Requirements and Creates a New Cause of Action for Employees

The Occupational Safety and Health Administration (OSHA) has amended its recordkeeping regulation, 29 CFR Part 1904, to require many employers to submit OSHA 300 Logs, OSHA 301 forms, and OSHA 300A summaries to the agency...more

Proskauer - Whistleblowing & Retaliation

Illinois Appellate Court Affirms Whistleblower’s Multi-Million Dollar Award

On March 2, 2016, an Illinois Appellate court upheld a jury verdict awarding over $3 million to Plaintiff James Crowley (Plaintiff) on his whistleblower retaliation claim under the Illinois State Official and Employee Ethics...more

Genova Burns LLC

Refusing to Attend a Fitness-For-Duty Exam May Not Be Grounds For Termination under the ADA

Genova Burns LLC on

On January 25, 2016, the New Jersey Appellate Division clarified the requirements set forth by the Americans with Disabilities Act (ADA) and the related guidance issued by the U.S. Equal Employment Opportunity Commission...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Dehaven’s Transfer & Storage, Inc. for Pregnancy Discrimination

Moving Company Fired Female Employee Because She Was Pregnant, Federal Agency Charges - DURHAM, N.C. - DeHaven's Transfer & Storage, Inc., a residential and commercial moving company, violated federal law when it fired a...more

Foley & Lardner LLP

Unfortunately, Offensive Racial Comments Don’t Always Get You Fired (At Least Under Labor Law)

Foley & Lardner LLP on

Under the National Labor Relations Act, certain union activities are considered “protected.” That is, employees engaging in union activity, or union representatives carrying out their duties in the context of grievance...more

Miller Canfield

SEC Whistleblower Program: What Employers Need to Know

Miller Canfield on

Attorneys Matt Allen and Todd Holleman give insights to the SEC Whistleblower Act and what employers need to know. ...more

Proskauer - Government Contractor Compliance...

Federal Contractor Employees Receive $300,000 Back Pay Award and Reinstatement

The U.S. Department of Labor (DOL) and National Labor Relations Board (NLRB) recently reached a settlement with a federal contractor at Fort Belvoir military base regarding employee wages....more

Franczek P.C.

NLRB Orders Reinstatement And Backpay For Employee Who Was Unlawfully Discharged For Discussing Salary Information At Work

Franczek P.C. on

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

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Holds That Proof That Employer Would Have Made Same Employment Decision Absent Discrimination Precludes...

On February 7, 2013, the California Supreme Court held that where a plaintiff proves that unlawful discrimination in violation of the Fair Employment and Housing Act ("FEHA") was a substantial factor motivating her...more

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