A few weeks ago, I wrote about an important 10 (j) case in federal court in New York where the Defendant was challenging (1) the constitutionality of Obama’s recess appointments; (2) the Labor Board’s ability to delegate 10 (j) authority to the General Counsel’s office; and (3) if such a delegation survives once the Board’s
March 2012
Inspector General’s Report on NLRB Member Flynn
By Bryan M. O'Keefe on
Posted in Labor Law & NLRB, Unions
The big news in labor law the past few days has been the NLRB Inspector General report concerning Board member and Republican appointee, Terence Flynn. Corporate Counsel has an excellent story on the report. As of Monday, Flynn was adamant that he would not resign.
It appears that Flynn’s status might come down to a…
Intermittent FMLA Leave Abuse: Managing the Unmanageable (Part 5)
By Fiona W. Ong on
Posted in Employee Leave (FMLA and ADA)
This is the last in a five-part series on addressing issues facing employers in managing the possibly fraudulent use of intermittent leave under the Family and Medical Leave Act (FMLA). In the last posting, I discussed fitness for duty examinations, which are covered by the FMLA regulations. Now let’s turn to non-regulatory options for employers.…
NLRB Information Campaign on Protected Concerted Activity
By Bryan M. O'Keefe on
Posted in Labor Law & NLRB, Unions
The Wall Street Journal has an excellent story about a new “information campaign” planned by the NLRB that will impact non-union employers. The goal is to inform all employees about their legal right to take part in “protected concerted activities.” Indeed, the right to engage in “protected concerted activity” is one aspect of the National…
Union Handbilling Allowed
By Bryan M. O'Keefe on
The United States Court of Appeals for the Seventh Circuit recently handed down a decision on union handbilling that employers should note (Roundy’s Inc. v. NLRB, Nos. 10-3921 & 11-1292).
The case involved a grocery store chain in Wisconin, Pick ‘N Save. The chain was using non-union contractors to remodel some of its locations. This…
Independent Contractor Status
By Patrick M. Pilachowski on
Posted in HR Compliance
Employers and individuals often seek to call their relationship contractor/independent contractor — not employer/employee. Courts are increasingly resistant to such artificial designations. The Federal Court in Maryland, in a lawsuit claiming overtime pay under the Fair Labor Standards Act, ruled on January 18, 2012 that independent contractor status did not apply to an installer of…
Specialty Healthcare Watch: Northrop Grumman Shipbuilding (Part II)
By Bryan M. O'Keefe on
Editors Note: This is the latest installment in the Labor & Employment Report’s regular feature “Specialty Healthcare Watch.” In Speciality Healthcare, the NLRB redefined the test for what constitutes an appropriate bargaining unit. The Labor & Employment Report is analyzing post-Speciality Healthcare cases to give employers insights on how to apply that holding. For more…
Specialty Healthcare Watch: Northrop Grumman Shipbuilding (Part I)
By Bryan M. O'Keefe on
Editors Note: This is the latest installment in the Labor & Employment Report’s regular feature “Specialty Healthcare Watch.” In Speciality Healthcare, the NLRB redefined the test for what constitutes an appropriate bargaining unit. The Labor & Employment Report is analyzing post-Speciality Healthcare cases to give employers insights on how to apply that holding. For more…
Maryland Labor and Employment News
By Mark J. Swerdlin on
Some interesting tidbits of Maryland labor and employment news:
- According to the Daily Record, Pepsi Bottling Group and a group of employees have settled an overtime compensation case in the U.S. District Court of Maryland. As part of the settlement, about 60 employees will share an award of $187,275, with attorneys’ fees and administrative
…
Intermittent FMLA Leave Abuse: Managing the Unmanageable (Part 4)
By Fiona W. Ong on
Posted in Employee Leave (FMLA and ADA)
This is the next installment in a five-part series offering guidance on how to address the possible fraudulent use of intermittent leave under the Family and Medical Leave Act (FMLA). In the last posting, I discussed when employers may require recertifications of the serious health condition. In this posting, we’ll take a look at fitness…