Management’s Workplace Blog – Information and Insights for Employers
BREAKING NEWS:
The Supreme Court handed down a FMLA decision with Maryland roots today, Coleman v. Court of Appeals of Maryland. The Court found that the Family Medical Leave Act did not abrogate state soverign immunity for self-care claims.
The issue in Coleman: States have soverign immunity from lawsuits unless Congress specifically abrogates…
This is the third in a five-part series that discusses options for employers facing possible fraudulent intermittent leave under the Family and Medical Leave Act (FMLA). Last time, we considered the use of second and third medical opinions. In this posting, we’ll look at recertifications of a serious health condition.
Recertification
Another mechanism to address…
The NLRB’s General Counsel’s office has aggressively taken on arbitration in the past year. But, in a little-noticed case, the full Board had the opportunity to adopt the GC’s position on post-arbitration deferral and declined to do so.
Some background — about a year ago, the GC’s office announced a change in how it viewed…
This five-part series offers guidance to employers on addressing intermittent Family and Medical Leave Act (FMLA) leave abuse. There are options available to employers through the FMLA regulations, but also some non-regulatory options. In the first posting, we looked at verification of medical certifications and insufficient certifications. Here, we’ll take a look at second and…
A common problem for employers is addressing abuse of unscheduled intermittent FMLA leave. It is all too easy for an employee to obtain a medical certification from a health care provider (HCP) for a chronic condition that supposedly flares up on an intermittent basis. This seemingly grants the employee a free pass to call out…
A few weeks ago, I posted about a New York Times op-ed arguing that the “right to join a labor union” should be a protected classification under Title VII.
The issue is starting to pick up steam in the union-friendly blogosphere. For instance, yesterday over at the Huffington Post, Dean Baker, a well-respected think tank…
So write our friends over at the Boston Herald. Major labor union leaders are meeting tomorrow in sunny Florida to review the state of labor and it appears that the Democratic Party might be left back in the chilly North. For sure, organized labor is poised to endorse President Obama again. But it looks…
Yesterday, Lafe E. Solomon, Acting General Counsel, issued a summary of operations for Fiscal Year 2011. The Office of General Counsel is composed of six major components responsible for various casehandling, administrative and personnel functions. Those components are: the Division of Operations-Management and Regional Offices, the Division of Advice, the Division of Enforcement Litigation,…
We have taken the weekend to review and digest the DC District Court ruling from Friday on the NLRB poster. Here is the official Shawe Rosenthal take (also delivered to you today via an e-lert). We strongly urge employers to contact us if you have additional questions about the ruling and/or whether you should post…
BREAKING NEWS!
The United States District Court for the District of Columbia just handed down its decision in the case challenging the NLRB poster requirement. The good news for the NLRB: the Judge found that the NLRB acted lawfully in promulgating the poster. The bad news for the NLRB — and this is very bad…
