The 6th Circuit upheld a National Labor Relations Board (NLRB) decision refusing to toll (suspend) the back pay obligation of an employer that was unsuccessful in defending an unfair labor practice (ULP) charge. Facts...
Employment Law Letter
Perhaps the most consequential ruling issued by the National Labor Relations Board (NLRB) was that in Apogee Retail. This ruling returns to employers the right to require that witnesses in workplace investigations keep...
The rising prevalence of vaping presents new challenges for employers. Employees are frequently running outside, taking bathroom breaks, or closing their office doors for at least 10 minutes at a time to vape, greatly...
On December 3, 2019, the New Jersey Appellate Division upheld the dismissal of a whistleblowing claim filed by an ex-casino employee. It affirmed the trial court's decision dismissing the employee's claims under the...
Lawyers love to follow the intricacies of litigation. We read court decisions and follow cases through trial like some people keep up with the latest happenings on their favorite TV dramas. Here's an overview of a case...
A UPS employee who had sued the company for race discrimination became the subject of a formal investigation by the HR department and was given a disciplinary notice, after which he lost his yearly pay raise. He promptly...
Two bills presently pending in the Michigan House of Representatives could alter the rules for enforcing noncompetition agreements and determining which individuals qualify as independent contractors in Michigan...
The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits discrimination against individuals in “service in a uniformed service.” The Act is intended to ensure persons who serve in the...
In Nevada (and indeed, across the country), it's a common practice for businesses needing only short-term help to enter into independent contractor arrangements with the service providers who are selected to fulfill the...
A new Connecticut law will address a difficult issue about how the minimum wage applies to employees who are in the service industry and earn tips for part, but not all, of their shifts. Employees who work for tips...
The 2019 version of Oregon's biennial legislative session brought some significant changes to the state's employment laws and new action items for employers. Happy New Year! Review document retention policies Oregon...
Beginning January 1, 2020, Washington employers in industries including hospitality, retail, security, and contracted property services will need to comply with a new law amending the Washington Law Against...
For several years, employers have been burdened by a conflict between a standard from the National Labor Relations Board (NLRB) and guidance from the Equal Employment Opportunity Commission (EEOC) regarding the...
Although we rarely admit it, many concrete rules of law are based on intangible "legal fictions" that permit courts to impose some semblance of order on the chaotic world of human activity. One of the most enduring and...
It was a winning season for businesses, with employers garnering some big victories at the National Labor Relations Board (NLRB) to round out 2019. In October, the Board released a decision enhancing employee privacy...