Noel Canning is the name of Pepsi distributor who challenged a National Labor Relations Board (NLRB) decision concerning a collective bargaining agreement on the grounds that the NLRB lacked a quorum because 3 of the 5 board members had not been properly appointed. On June 26, 2014, the U.S. Supreme Court decided that Noel Canning… Continue reading Who is Noel Canning?
Month: June 2014
DOL Proposes Rule to Extend FMLA Protection to Same-Sex Couples
Proposed rule would expand the definition of “spouse” in the Family Medical Leave Act include eligible employees in same-sex marriages regardless of whether the state where they reside recognizes same-sex marriages. The DOL press release is here: http://www.dol.gov/opa/media/press/whd/WHD20141208.htm
Starbucks Employee’s Obscene Outburst Protected by NLRA
Section 8(a)(3) of the National Labor Relations Act (NLRA) prohibits an employer from discriminating against an employee with regard to hiring, tenure, or any term or condition of employment for the purpose of encouraging or discouraging union membership. Recently, the National Labor Relations Board found that Starbucks improperly terminated a pro-union employee who got into… Continue reading Starbucks Employee’s Obscene Outburst Protected by NLRA
Age Discrimination Multiplied by Two
The EEOC recently announced another ironic settlement: an employer that provides employment opportunities to disabled individuals, paid $40,000 to settle claims that it discriminated against two applicants because of their age. According to the EEOC, two applicants over the age of 70 applied for a shared mail clerk position and were extended job offers. When… Continue reading Age Discrimination Multiplied by Two
Failure to Send Proper WARN Notice Leads to $4.5 Million Settlement
We posted before about the obligation of employers with more than 100 employees to provide advance notice to employees of an upcoming layoff of personnel. According to the Wall Street Journal Law Blog, the now defunct law firm of Dewey LeBoeuf, LLP just agreed to settle claims from former employees arising from the firm’s failure to… Continue reading Failure to Send Proper WARN Notice Leads to $4.5 Million Settlement
Employer May Not Impose Family Religion on Employees
Not even where it is a religion invented by one of the employer-entity’s family members. In a case that sounds like an elaborate April Fools Day prank, the EEOC sued an employer for forcing employees to take part in religious activities related to a religion founded by one of the employer’s family members, called “Onionhead.” … Continue reading Employer May Not Impose Family Religion on Employees
More Guidance on What Makes Employee Handbook Policies Unlawful
Our recent eAlert on this subject can be found here: http://www.sussmanshank.com/employment-ealert-more-guidance-on-what-makes-employee-handbook-policies-unlawful
Refusal to Hire Pregnant Applicant Costs Chick-Fil-A $10,000
In some cases, an employer can tell when an applicant for employment is pregnant. Even if curious, however, an employer should not ask a pregnant applicant questions about when they are due, how much maternity leave they plan to take, and what kind of childcare plans they have made. Further, unless an employer is eager… Continue reading Refusal to Hire Pregnant Applicant Costs Chick-Fil-A $10,000
Rigged Bikini Contests and Concerted Activities
Beer and chicken wings are not the only thing on the menu at this Hooters restaurant. Instead, the National Labor Relations Board (NLRB) found that Hooters fired an employee for engaging in concerted activities in violation of the National Labor Relations Act (NLRA) after the employee complained to her co-workers and management about having to… Continue reading Rigged Bikini Contests and Concerted Activities
