Labor & Employment: Updates

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  • Unionized Employers Must Bargain About Individual Discipline In Absence of a Negotiated Grievance Process: NLRB Published on February 21, 2017 Legal update: archive

    In Total Security Management Illinois 1, LLC, the National Labor Relations Board (NLRB) held that discretionary discipline is a mandatory bargaining subject and employers may not unilaterally impose discipline on bargaining unit employees when their union has been certified but has not yet entered into a collective bargaining agreement (CBA) with the employer providing for a grievance process to address disciplinary disputes.

  • No Equitable Tolling for Judicial Review of MSPB Decisions: Federal Circuit Published on February 21, 2017 Legal update: archive

    In Fedora v. Merit Systems Protection Board, the US Court of Appeals for the Federal Circuit held that the statutory deadline for filing a petition for judicial review of a final MSPB decision or order is mandatory and may not be equitably tolled.

  • Pain and Suffering and Punitive Damages Not Available Under the ADEA: Fifth Circuit Published on February 21, 2017 Legal update: archive

    In Vaughan v. Anderson Regional Medical Center, the US Court of Appeals for the Fifth Circuit held that all private actions brought under the Age Discrimination in Employment Act (ADEA), including an employee's ADEA retaliation claim, may not invoke the ADEA as a basis for general compensatory damages for pain and suffering or punitive damages.

  • What's Market Executive Employment Agreements for the Week Ending February 22, 2017 Published on February 21, 2017 Legal update: archive

    A list of executive employment agreement summaries recently published by What's Market. What's Market provides a continuously updated database of executive employment agreements that allows you to search agreements using filters, such as the employer's industry, the executive's position, and the agreement's governing law. What's Market also contains links to the underlying public documents.

  • Epstein Becker: District of Columbia Passes the Nation's Most Expansive Paid Family and Medical Leave Law Published on February 16, 2017 Legal update: archive

    This Law Firm Publication by Epstein Becker & Green, P.C. discusses District of Columbia Mayor Muriel Bowser's February 15, 2017 announcement that she would not veto the Universal Paid Leave Amendment Act of 2016, the most expansive paid family and medical benefit law in the nation. Beginning on July 1, 2020, the act, passed by the DC Council on December 22, 2016, will guarantee DC employees up to 16 combined weeks of paid family, medical, and parental leave in a 52-week period. The act will become effective following a 30-day congressional review period and publication in the DC register, likely in spring 2017. Within 180 days of the effective date, the mayor must issue rules concerning the implementation of the act. The Law Firm Publication addresses types of leave under the act, interactions with other laws and policies, and the types of employers and employees that are covered.

  • Ogletree Deakins: Massachusetts Superior Court Holds That Meal Breaks Are Compensable Unless Employees Are Relieved of All Work-Related Duties Published on February 15, 2017 Legal update: archive

    This Law Firm Publication by Ogletree, Deakins, Nash, Smoak & Stewart, P.C. addresses DeVito v. Longwood Security Services, Inc., in which the Massachusetts Superior Court held that employees must be paid for meal breaks, unless they are relieved of all work-related duties during the break. The court held that requiring employees to remain in uniform, stay in their assigned sectors, and keep their radios on during unpaid 30-minute meal breaks violated Massachusetts wage and hour and overtime laws. The court also noted that since the state law already specified the "relieved of all work duties" standard to determine if an unpaid break should be considered compensable time, there was no need to apply the more lenient "predominant benefit" test, which the court found to be unique to federal law.

  • Jackson Lewis: Florida Whistleblower Act Requires Showing of Actual Violation, Federal Court Rules Published on February 15, 2017 Legal update: archive

    This Law Firm Publication by Jackson Lewis, P.C. discusses a recent decision by a federal district court in Florida holding that the Florida Whistleblower Act (FWA) only protects employees who can establish that an employer has committed an actual violation of a law, rule, or regulation. The court's decision in Graddy v. Wal-Mart Stores rejects a more lenient standard adopted by a Florida appellate court and other federal district courts in Florida that an employee with a good-faith (even if ultimately mistaken) belief that the employer violated a statute, law, or regulation can be protected under the FWA.

  • Employee's FMLA Leave Request to Care for Grandfather Triggers Further Employer Inquiry: Second Circuit Published on February 14, 2017 Legal update: archive

    In Coutard v. Municipal Credit Union, the US Court of Appeals for the Second Circuit held that the Family and Medical Leave Act (FMLA) requires an employer to request additional information from an employee who requested FMLA leave to care for a grandparent with whom the employee had an in loco parentis relationship.

  • Presidential Pen Strokes and Judicial Review Keep Employers Guessing Published on February 14, 2017 Legal update: archive

    An update on recent executive orders and legal challenges to them, including the travel entry ban imposed by Executive Order (EO) 13769.

  • What's Market Executive Employment Agreements for the Week Ending February 15, 2017 Published on February 14, 2017 Legal update: archive

    A list of executive employment agreement summaries recently published by What's Market. What's Market provides a continuously updated database of executive employment agreements that allows you to search agreements using filters, such as the employer's industry, the executive's position, and the agreement's governing law. What's Market also contains links to the underlying public documents.

  • Temporary Restraining Order on Travel Ban Executive Order Upheld: Ninth Circuit Published on February 10, 2017 Legal update: archive

    In State of Washington v. Trump, the US Court of Appeals for the Ninth Circuit unanimously upheld a district court's grant of a temporary restraining order (TRO) blocking enforcement of key aspects of President Donald Trump's Executive Order "Protecting the Nation From Foreign Terrorist Entry Into the United States," issued on January 27, 2017.

  • Jackson Lewis: California Court Provides Guidance on Timekeeping Rounding and Grace Period Claims Published on February 08, 2017 Legal update: archive

    This Law Firm Publication by Jackson Lewis P.C. discusses Silva v. See's Candy Shops, Inc., in which a California appeals court concluded that an employer's policy may permit the rounding of entries on employees' timecards to the nearest tenth of an hour. The court determined that for the years analyzed in a report by the employer's expert, the difference between pay based on rounded and unrounded time was statistically meaningless. The appeals court also affirmed the district court's grant of summary judgment to the employer on the plaintiffs' grace period claims. The policy allowed employees to voluntarily punch in or out ten minutes before or after their work time, during which the employees were not permitted to work, often engaged in personal activities, and were unpaid.

  • Arizona's Policy Barring Driver's Licenses to DACA Recipients Preempted and Permanently Enjoined: Ninth Circuit Published on February 08, 2017 Legal update: archive

    In Arizona Dream Act Coalition v. Brewer, the US Court of Appeals for the Ninth Circuit held that Arizona's policy of refusing to accept Employment Authorization Documents (EADs) issued to Deferred Action for Childhood Arrivals (DACA) recipients to support an Arizona driver's license application was preempted by the Immigration and Nationalization Act (INA), which confers exclusive authority on the federal government to classify noncitizens. The Ninth Circuit affirmed the district court's grant of a permanent injunction.

  • NLRB Orders Bargaining Over Effects Covered by CBA, Payment of Bargaining Expenses Published on February 08, 2017 Legal update: archive

    In Columbia College Chicago, the National Labor Relations Board (NLRB) held that a private college violated the National Labor Relations Act (NLRA) by failing to bargain over the effects of its decision to reduce the credit hours of part-time faculty members. The NLRB also found the college ought to pay the union's bargaining expenses.

  • Will you Sue My Valentine? Romance and the Workplace Published on February 08, 2017 Legal update: archive

    Resources to help employers minimize the legal risks associated with workplace romance.  

  • Exiting Hearing Doomed Employer's Appeal Tied to Hearing Officer Errors: DC Circuit Published on February 07, 2017 Legal update: archive

    In 800 River Road Operating Co. v. NLRB, the US Court of Appeals for the District of Columbia Circuit held that an employer's decision to walk out of a National Labor Relations Board (NLRB) hearing on the employer's election objections about whether union supporters coerced voters prior to a representation election precluded the employer from arguing that a hearing officer's (HO) erroneous rulings were prejudicial and that the NLRB abused its discretion by validating the HO's report.

  • Temporary Restraining Order Halts President's Travel Ban and Refugee Program Limits, Appeal Initiated by Administration Published on February 07, 2017 Legal update: archive

    In State of Washington v. Trump, a US district court judge in the Western District of Washington granted a temporary restraining order (TRO) blocking enforcement of key aspects of President Donald Trump's Executive Order "Protecting the Nation From Foreign Terrorist Entry Into the United States" issued on January 27, 2017. The Administration has filed an emergency motion for a stay of the TRO pending the government's appeal with the US Court of Appeal for the Ninth Circuit, on which oral argument will take place February 7, 2017.

  • Third Circuit Holds an Employer's Honest Belief that Employee Was Misusing FMLA Leave Can Defeat FMLA Retaliation Claim Published on February 07, 2017 Legal update: archive

    In Capps v. Mondelez Global, LLC, the US Court of Appeals for the Third Circuit held that an employer did not retaliate against an employee in violation of the Family and Medical Leave Act (FMLA) because it held a good-faith belief that the employee was misusing his FMLA leave.

  • DOJ Finalizes Immigration-Related Penalties, Effective February 3, 2017 Published on February 07, 2017 Legal update: archive

    The Department of Justice (DOJ) issued final regulations that include the agency's 2017 annual inflation adjustments to civil money penalties assessed in its regulations, effective February 3, 2017. The adjustments are required under the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act). The final regulations address penalties imposed under the Immigration Reform and Control Act of 1986 (IRCA).

  • What's Market Executive Employment Agreements for the Week Ending February 8, 2017 Published on February 07, 2017 Legal update: archive

    A list of executive employment agreement summaries recently published by What's Market. What's Market provides a continuously updated database of executive employment agreements that allows you to search agreements using filters, such as the employer's industry, the executive's position, and the agreement's governing law. What's Market also contains links to the underlying public documents.

  • Refusing to Bargain Over Successor CBA with Union that Lost Majority Support Unlawful: NLRB Published on February 07, 2017 Legal update: archive

    On February 2, 2017, in T-Mobile USA, Inc., the National Labor Relations Board (NLRB) held that it is unlawful for an employer to refuse to bargain over a successor collective bargaining agreement (CBA) with a union that lost majority support.

  • Jackson Lewis: Kansas Court Holds Refusal to Submit to Drug Testing in Workers' Compensation Case Requires Evidence of Intent Published on February 06, 2017 Legal update: archive

    This Law Firm Publication by Jackson Lewis, P.C. discusses a recent decision by the Kansas Court of Appeals holding that an employee providing a urine sample with an inadequate amount does not constitute a refusal to submit to a drug test under the state's Workers' Compensation Act, absent evidence of the employee's intent to thwart the test. The court's decision in Byers v. Acme Foundry overturned an Administrative Law Judge's decision holding that the employee effectively refused to submit to a drug test and therefore forfeited Workers' Compensation benefits because his urine sample was inadequate.

  • Fisher Phillips: Missouri Joins Ranks Of Right-To-Work States Published on February 06, 2017 Legal update: archive

    This Law Firm Publication by Fisher & Phillips LLP discusses a new "right-to-work" law signed by Missouri Governor Eric Greitens that prohibits most public and private employers in Missouri from requiring employees to join a union or to pay union dues. The new law exempts federal government employers and employers covered by the Railway Labor Act (RLA). The new law takes effect on August 28, 2017 and applies to collective bargaining agreements (CBAs) entered into, renewed, extended, or amended after that date.

  • MSPB Will Not Issue Board Decisions Until Quorum Restored Published on February 03, 2017 Legal update: archive

    The US Merit Systems Protection Board (MSPB or Board) has issued a Frequently Asked Questions (FAQs) list addressing the impact of a lack of quorum on MSPB operations, including the Board's limited ability to issue decisions.

  • Stoel Rives: Oregon Drug Testing Rules Follow OSHA Published on February 03, 2017 Legal update: archive

    This Law Firm Publication by Stoel Rives LLP addresses Oregon's new drug testing regulations. The regulations, which follow the Occupational Health and Safety Association's (OSHA) now-effective drug testing and anti-retaliation rule, state that employers must have a reasonable procedure for employees to report work-related illness or injury. Employers must notify their employees about this reasonable procedure, and must inform the employees that they have the right to report workplace illness and injury without being subjected to retaliation. Oregon's new regulations will become effective on May 1, 2017.

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