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The federal government of Canada recently introduced legislation that would ban using replacement workers during strikes or lockouts....more
The Supreme Court’s blockbuster decisions last term dominated the headlines – and many rulings will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Cynthia L. Hackerott. In today’s edition,...more
Please join us for BakerHostetler’s The ‘New’ Normal: The State of Labor Relations and Employment Law Master Class. Our 9th Annual Master Class will be virtual again this year, as it was last year, due to the continuation of...more
The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more
Employers, especially HR professionals, have been on a roller coaster ride over the past 18 months. COVID-19 has not only changed the way we work but has underscored the need to take proactive steps to protect the longevity...more
Coming clean – false reason for dismissal shifted burden of proof - In Base Childrenswear Ltd v Otshudi the Court of Appeal confirmed that giving a false reason for dismissal and persisting with it was enough to shift the...more
In Local 702, International Brotherhood of Electrical Workers, AFL-CIO v. National Labor Relations Board and Consolidated Communications, the U.S. Court of Appeals for the Seventh Circuit recently upheld the termination of a...more
It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more
The Board is now operating at a full complement and is issuing decisions on a fairly regular basis. Nothing earth shattering in terms of law (which is kind of a relief) but there are some interesting issues worth discussing....more
It’s ironic, isn’t it? While the EEOC could find an employer liable for tolerating racist or sexist remarks by employees, the NLRB has repeatedly found employers liable for failing to do so under the guise of protecting...more
A case currently under consideration in the Eighth Circuit Court of Appeals deserves watching. The case will determine whether the National Labor Relations Act (NLRA) protects a picketing employee’s right to hurl racist...more
Denying a motion for reconsideration, the National Labor Relations Board recently affirmed its decision in American Baptist Homes of the West d/b/a Piedmont Gardens, addressing the relevance of an employer’s motive in hiring...more
The National Labor Relations Board (“Board”) recently denied review of its ruling in American Baptist Homes. That ruling upended the decades-old bright line test that an “independent unlawful purpose” is established only when...more
The National Labor Relations Board (“NLRB”) and the courts have long recognized an employer’s right to hire permanent replacements for economic strikers. Permanent replacements have traditionally been viewed as an employer’s...more
NLRB Rejects Permanent Replacement Workers In Groundbreaking Ruling - In an unprecedented 2-1 decision, the National Labor Relations Board recently held that a California continuing care facility violated the National...more
The National Labor Relations Board (NLRB) issued a decision last week upholding the right of employers to hire permanent replacements for striking employees unless the decision to replace workers is based on an “independent...more
Although no one reading this article would disagree with the premise that employers cannot and should not tolerate bigotry from anyone in their workforce, the NLRB apparently thinks otherwise. In a troubling decision handed...more