The U.S. Court of Appeals in D.C., in Stephens Media, LLC v. NLRB, just upheld a finding by the NLRB that an employer in Hawaii unlawfully punished protected concerted activity when it interrogated four employees and discharged one of them for surreptitiously recording a meeting with a management representative. The employer had no policy
May 2012
Illnesses May Be Connected Under FMLA
By Fiona W. Ong on
Posted in Employee Leave (FMLA and ADA)
An employee calls out for two days for a stomach complaint. He then calls out for FMLA-covered condition of cellulitis (a skin infection causing pain and inflammation) in his leg that keeps him out for two weeks. Most employers would assume that the stomach complaint is unconnected to the leg infection, and not look any…
NLRB Election Rules Invalid — For Now
By Bryan M. O'Keefe on
“According to Woody Allen, eighty percent of life is just showing up. When it comes to satisfying a quorum requirement, though, showing up is even more important than that. Indeed, it is the only thing that matters – even when the quorum is constituted electronically.”
So begins United States District Court Judge James Boasberg’s opinion…
FMLA Requires Compliance with Call-In Procedures
By Fiona W. Ong on
Posted in Employee Leave (FMLA and ADA), Litigation
As I mentioned in my five-part blog series on managing possible leave abuse under the FMLA, employers can hold employees accountable for failing to comply with call-in procedures, even when the absence is connected with FMLA. This point was well-illustrated in the recent case of Chappell v. The Bilco Company, in which the employee…
NLRB Employee Handbook Case Part Two
By Bryan M. O'Keefe on
Posted in Labor Law & NLRB, Unions
In Part One of my analysis of the recent case brought by the NLRB challenging various aspects of the Rio Hotel & Casino’s employee handbook, I reviewed two parts of the handbook that the Board found objectionable: a prohibition on off-duty clothing and an off-duty access rule. The ALJ ruled in favor of the Company…
EEOC’s Updated Guidance on Arrests and Convictions
By Bruce S. Harrison on
Last week, the EEOC issued an “updated” Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII . The guidance takes the place of the Commission’s 1987 and 1990 policy statements, and was precipitated by a 2007 federal court decision that criticized the EEOC’s past guidance.
While the Commission…
NLRB Employee Handbook Case
By Bryan M. O'Keefe on
Posted in Labor Law & NLRB, Unions
A little-noticed ALJ case recently coming out of Las Vegas gives employers excellent insight into how the NLRB General Counsel views certain employee handbook provisions. The case involved the famous Rio Hotel and Casino – a venue which boasts a couple thousand hotel rooms and, in my opinion, the best buffet in Vegas. Last July,…