SEC Whistleblower Program: What Employers Need to Know
I've been asking this a lot lately. President Trump’s first week of his second term in office was action-packed, as I posted last week. If you thought things would slow down for Week 2, you were mistaken. You may remember...more
On Friday, December 27, 2024, the U.S. Court of Appeals for the Third Circuit in NLRB v. Starbucks Corp. vacated part of a National Labor Relations Board (NLRB) order on the grounds that it exceeded its authority in ordering...more
On Friday, December 27, 2024, the Third Circuit Court of Appeals handed Starbucks a victory by vacating an order issued by the National Labor Relations Board (“Board”) on the grounds that the Board exceeded its authority...more
The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more
Starbucks Corp. v. McKinney, Regional Director of Region 15 of the National Labor Relations Board, decided on June 13, 2024, arose out of the discharge of several Starbucks employees who formed a union organizing committee...more
The Supreme Court just sided with Starbucks in a case where the Labor Board tried to force the company to temporarily reinstate workers who were fired for hosting media interviews afterhours in a closed store. Starbucks said...more
On Friday, January 12, the United States Supreme Court agreed to hear an appeal from Starbucks on a case involving the termination of seven Memphis, Tennessee employees....more
Company Agrees to Reinstate Employee With Diabetes Who Needed an Accommodation - JACKSONVILLE, Fla. – United Parcel Service, Inc. (UPS), will pay $150,000 and provide other relief, including offering reinstatement to a...more
On January 20, 2022, the Administrative Labour Tribunal (the “Tribunal”) awarded an employee dismissed without cause, termination pay in the amount of $716,970.71 as well as an indemnity for lost wages, loss of pension...more
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
On March 10, 2020, the New Jersey Supreme Court affirmed the reinstatement of a disability discrimination lawsuit filed by a medical cannabis cardholder against his former employer, after he was fired for failing a...more
Malware goes commercial. Last year, Jeff Bezos’ phone was hacked after he received a message on WhatsApp containing a line of malware code. The incident has shed light on the malware, aka spyware, industry. Companies sell...more
Shamrock Foods Company, 369 N.L.R.B. No. 5 (January 7, 2020) is the latest in the National Labor Relations Board’s series of employer-friendly decisions. In Shamrock Foods, the Board held that an employer did not violate...more
Q: If I am designating an employee as a key employee under the FMLA, can I just fire them on the first day of leave? A: No, the FMLA allows key employee designation (exempt, top 10% of earners), but it only allows denial...more
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
Dr. Kenneth Economy was employed by East Bay Anesthesiology Medical Group (“Anesthesia Group”), which held an exclusive contract to provide anesthesia services at The East Bay Hospital (“Hospital”). During asurprise...more
Can language in the workplace, even if uttered during otherwise protected conduct, lose its “protected” status under the National Labor Relations Act (NLRA) because the language is too offensive? The answer is, generally,...more
On July 1, 2019, Connecticut Governor Ned Lamont signed into law Public Act No. 19-89 “An Act Concerning Nursing Home Staffing Levels” (PA 19-89). PA 19-89 sets forth new state-level daily nurse staffing level disclosure...more
Earlier this year, a labour arbitrator rendered a decision in Regional Municipality of Waterloo (Sunnyside Home) v Ontario Nurse’s Association, 2019 CanLII 43 (ON LA), that sends a clear warning to employers in Ontario about...more
Upper Merion Area School District v. Teamsters Local #384, 165 A.3d 56 (Pa. Cmwlth. 2017). The Commonwealth Court holds that an arbitrator’s decision to reinstate a school bus driver to her position with back pay when the bus...more
In November we alerted employers that an Oklahoma City federal court jury awarded Rachel Tudor, a transgender employee, $1.165 million in her discrimination, retaliation and hostile work environment lawsuit against...more
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
In November 2017, the Commonwealth Court of Pennsylvania issued an opinion concerning an arbitrator’s reinstatement of a state correctional officer (“CO”). The CO was responsible for monitoring inmates who worked on the...more
Hospital Discharged Employee Because She Requested Leave Due to Her Medical Condition, Federal Agency Charged - ATLANTA - Phoebe Putney Memorial Hospital, a regional medical center located in Albany, Ga., violated federal...more
Agreement Provides $175,000 and Job Offer for Construction Worker - SPOKANE, Wash. - Kaiser Aluminum Corporation, the leading producer of fabricated aluminum products in the United States, will pay $175,000 and reinstate...more