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Chicken Little Syndrome No More – NLRB Regional Director’s Recent Joint Employment Decision Proves the Sky Is Not Falling [Yet, Anyway]

Posted on December 7, 2015 by

In the aftermath of the National Labor Relations Board’s recent, controversial Browning-Ferris Industries “joint employment” decision [362 NLRB No. 186], many within the management-side legal community [myself included] issued portentous predictions about the future –including Trojan Horse organizing tactics and the adverse impact on pervasive contingent workforce arrangements.  However, one of the Board’s Regional Directors […]

Worker’s Compensation Light Duty Programs for Occupationally Injured Employees and the ADA

Posted on November 23, 2015 by

Employers often establish a light-duty program that is reserved for employees who have work-related injuries or conditions during their healing periods.  The hallmarks of these programs is that temporary light-duty work is reserved for those employees receiving temporary benefits under worker’s compensation.  The rationale for this program is to help the employer comply with the […]

Employers Get Break For Now

Posted on November 19, 2015 by

In a surprise announcement, the Solicitor of Labor, Patricia Smith, has indicated the final rule on overtime eligibility being considered by the Department of Labor will likely not be declared final and implemented until late 2016.  During a panel discussion at the American Bar Association’s Labor and Employment Law Conference, Solicitor Smith indicated there were […]

Court of Appeals Supports Handbook Rule Urging, But Not Requiring, Employees to Take Their Complaints Directly to Their Supervisor

Posted on November 16, 2015 by

A recent decision by the D.C. Circuit U.S. Court of Appeals reversed in part the National Labor Relations Board’s order against a private-sector employer regarding its employee handbook employee-complaint provision finding that the handbook rule was lawful and did not implicate employees’ Section 7 rights under the National Labor Relations Act or otherwise prohibit employees […]

Court of Appeals Gives Protection to Employee “Like” of Negative Comments

Posted on November 10, 2015 by

A recent decision by the Second Circuit Court of Appeals has upheld the decision by the National Labor Relations Board that action taken by two employees on a Facebook page should be considered protected speech and therefore the employees should not have been terminated from employment.  In this decision involving the Triple Play Sports Bar […]

Federal Judge Dismisses Lawsuit Regarding Tattoos

Posted on November 6, 2015 by

A recent decision by a federal judge in Chicago has upheld the right of the City of Chicago to require police officers to cover visible tattoos while on duty.  The Chicago Police Department implemented a Department policy that banned the display of tattoos while on duty.  The City said this policy was necessary to insure […]

When it Comes to Criminal Background Checks, Honesty is the Best Policy (For Employers Too!)

Posted on October 28, 2015 by

Last week I was asked to present, along with a panel of attorneys, to a group of law students. For a group of students facing a tough job market, the most common theme of the discussion related to the hiring process and how these students could maximize their likelihood of landing a job. The panel’s […]

2016 Qualified Plan Cost of Living Increases, 2016 Social Security Taxable Wage Base

Posted on October 21, 2015 by

Well, if you were hoping for a cost of living adjustment in the employee benefits part of your life, you aren’t going to get it from the 2016 qualified plan limits just issued by the IRS.  Here are the new limits.  Same as the old limits as you can see.  According to the IRS, “the […]

Strength Exam May Cause Discrimination Complaint

Posted on October 20, 2015 by

A recent news article reported that a trucking company has settled an age and sex discrimination charge filed by the Equal Employment Opportunity Commission over a strength exam that it used when hiring drivers for its business.  The EEOC claimed that the strength test mandated by the company for truck driver applicants supported a claim […]

Grievance Award: Missed Staff Meeting Results in Suspension

Posted on October 19, 2015 by

In a grievance arbitration case, an employee of sixteen years, with no prior record of discipline,  missed a mandatory one-hour staff meeting at work.  Following an investigation, the private company suspended the employee for three days without pay.  The union grieved and a hearing was conducted before a staff arbitrator with the WERC.  The arbitrator […]