English-only rules are not as common as they once were, but many employers still require employees to speak English only in the workplace. Justifications for these rules vary, but the Equal Employment Opportunity Commission...more
You may recall that over a year ago, President Obama directed the Secretary of Labor to “modernize and streamline” the existing Fair Labor Standards Act (FLSA) overtime regulations, specifically with respect to the “white...more
The National Labor Relations Board’s Office of General Counsel recently released a Report of the General Counsel Concerning Employer Rules, which is apparently designed to offer guidance to employers regarding workplace...more
When the Americans with Disabilities Act definition of "disability" was expanded by the ADA Amendments Act of 2008, we told you to expect an increase in accommodation requests and disability discrimination claims. Many of you...more
Introduction -
If the National Labor Relations Board seemed to be on the ropes in 2013, it certainly came out swinging in 2014. Last year, we reported that the Board faced a number of serious legal battles. Although...more
1/22/2015
/ Ambush Election Rules ,
Arbitration ,
Arbitration Agreements ,
Canning v NLRB ,
College Athletes ,
Corporate Counsel ,
D.R. Horton v NLRB ,
Email ,
Employee Definition ,
Employer Liability Issues ,
Employer Mandates ,
Facebook ,
Franchises ,
Joint Employers ,
Macy's ,
McDonalds ,
NLRA ,
NLRB ,
Northwestern University ,
Protected Concerted Activity ,
Purple Communications ,
Recess Appointments ,
Social Media ,
Social Media Policy ,
Unions
Stop me if you heard this one: the National Labor Relations Board recently reinstated employees who were discharged for comments made on their Facebook pages and found that the employer's social media policy was unlawful....more
The National Labor Relations Board recently took the opportunity, in a case dating back to 2011, to update and modernize some of the standard language contained in the remedial notice that the Board requires to be posted as a...more
Yep, that's right. The employee's outburst is too obscene to reproduce on the Blog. Suffice to say that the employee, who was employed for only about two months: (1) called the owner of the company a crook and a number of...more
We previously reported that a National Labor Relations Board Administrative Law Judge found that an employer violated the National Labor Relations Act by implementing a "no gossip" policy and firing an employee who violated...more
Yeah, I know, crazy right? Here is the story. Apparently the Union did not think so. When the American Federation of State, County and Municipal Employees ("Union") and the City of Philadelphia ("City") could not reach terms...more
The United States Supreme Court has been issuing employment-law related decisions like a boss over the past week or so. Many observers thought that the Court's decision in Harris v. Quinn, a case examining the...more
As we previously reported, the National Labor Relations Board has thrown down some pretty significant roadblocks for employers attempting to conduct thorough and actionable internal investigations. The Board continued those...more
The National Labor Relations Board recently issued a somewhat surprising decision that provides useful guidance to employers facing employee misconduct. In Flex Frac Logistics, LLC, the Board found that an employee's...more
You may recall that we reported that United States Senator Bob Casey (D-PA) introduced the Pregnant Workers Fairness Act, which would adopt the reasonable accommodation framework of the Americans with Disabilities Act for...more
Introduction -
From the looks of it, 2013 was a very rough year for the National Labor Relations Board (Board)! Last year, we reported that the Board would face some serious legal battles in 2013. Some of those...more
A National Labor Relations Board (NLRB) Administrative Law Judge (ALJ) recently concluded that an employer violated the National Labor Relations Act (Act) by implementing a "no gossip policy" and by firing an employee who...more
The National Football League ("NFL") has hired an outside investigator to handle the complaint made by Jonathan Martin, an offensive lineman for the Miami Dolphins. The national news media cannot seem to get enough of this...more
The Occupational Safety and Health Administration (OSHA) has issued a new Hazard Communication Standard (HCS) that is designed to enhance employee health and safety by aligning the classification and labeling of chemicals in...more
As expected, new U.S. Department of Labor Secretary Thomas Perez has wasted little time implementing a number of agenda items in the few short weeks since his Senate confirmation. Most recently, Secretary Perez announced two...more
Recently, the practice of paying employees via payroll debit cards came under fire when an employee filed a class action lawsuit against her employer, a McDonalds' franchisee, alleging that payment of wages via a Chase...more
In the last several years, there has been an explosion in the number of workers who use their own personal mobile devices to perform work functions (commonly referred to as “Bring Your Own Device” or “BYOD”)....more
The Supreme Court of the United States continued its hot streak in the arbitration and class action waiver arena with two recent decisions....more
Recently, we shared with you an article published by our Alcoholic Beverage and Liquor License Practice Group regarding the use of employee tip pools. ...more
Summer has finally arrived. While many of us will soon become consumed with pool parties, backyard barbeques, and well-deserved vacations, a new crop of summer interns is just beginning their first endeavor in the working...more
In Pennsylvania, a non-compete agreement (NCA) must be supported by legal "consideration" in order to be enforceable....more