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    Court Seeks Reasoned Explanation from NLRB

    Medco Health Solutions of Las Vegas, Inc. v. NLRB, 2012 U.S. App. LEXIS 25548, 1 (D.C. Cir. Dec. 14, 2012). The U.S. Court of Appeals for the D.C. Circuit recently remanded a decision by the National Labor Relations Board (the “Board”) that found an employer had violated the National Labor Relations Act by ordering an employee to remove […]

    Unemployment and Hurricane Sandy

    As residents and businesses in New York,New Jersey, and Connecticut attempt to rebuild after the destruction caused by Hurricane Sandy many find themselves without jobs as a result of Sandy devastation. Businesses have been flooded or completely destroyed leaving many out of work indefinitely. So what do the suddenly unemployed do to make ends meet? […]

    Are My New York State Employees Exempt from Overtime Pay?

    The title of this post poses a question asked often by many of our clients.  Before delving into which employees are exempt from overtime pay, let’s take a look at the minimum pay requirements and what a regular work week entails for mostNew Yorkemployees. As of July 2009, the New York State Minimum Wage Act, […]

    Facebook “Likes” Are Not Protected Speech Under the First Amendment

    Bland v. Roberts, 2012 WL 1428198, (E.D. Virginia April 24, 2012). Six Virginia Sheriff’s office employees sued the Sheriff of Hampton, B.J. Roberts, both individually and in his official capacity, after they were fired from their jobs in 2009.   Roberts was running for re-election during 2009 and several of the employees allegedly “liked” Roberts’ opponent […]

    Employment Litigation in Review #5

    Ninth Circuit Rules that Attendance is Essential Job Function For NICU Nurse Under ADA  Samper v. Providence St. Vincent Medical Center, Case No. 10-35811___ F.3d ___ (9th Cir., April 11, 2012). On April 11, 2012, the U.S. Court of Appeals for the Ninth Circuit upheld summary judgment for the defendant when it ruled that a […]

    My Employer Closed My Office. Where’s My Union Representatives?

    Decisions in the workplace are made everyday. Sometimes these decisions require the employer to contact the union who represents their employees; other times they can simply take action without contacting anyone. This issue becomes of particular concern when employers decide to shut down or partially close facilities. So, when does an employer have to bargain […]

    NLRB Rules against Mandatory Arbitration Agreements that Prohibit Class Actions

    D.R. Horton, Inc., 357 N.L.R.B. No. 184 (January 3, 2012). Earlier this month, The National Labor Relations Board (the “Board”) ruled that it is a violation of the National Labor Relations Act (“NLRA”) to require employees to sign arbitration agreements that prevent them from participating in class action law suits to pursue employment-related legal claims. […]

    Happy October and Welcome Back SCOTUS

    Not only does this week mark the first quarter for many companies’ 2012 fiscal year, it is also the start of the Supreme Court’s new term.  Although none of the cases certified are too exciting from an employer’s point of view, SCOTUS is going to hear a few cases with a labor and employment flavor. […]

    Fifth Circuit Recognizes Age Based Discrimination Claim for Hostile Work Environment

    Dediol v. Best Chevrolet, Inc., 10-30767 (5th Cir. Sept. 12, 2011) The Fifth Circuit, for the first time, extended Title VII to address a hostile work environment claim based on age. The Court of Appeals reversed the lower court’s grant of summary judgment in a case where a 65-year old born-again Christian accused his employer […]

    The NLRB Delivers Three Opinions with an Eye Towards Unions

    The NLRB Delivers Three Opinions with an Eye Towards Unions With the end of Wilma Liebman’s tenure on the National Labor Relations Board (“Board”) and the Board’s fiscal year coming to end, it is not a surprise to see some major employment and labor decisions come to fruition.  Last Tuesday, the NLRB issued announcements regarding […]