While most employers are familiar with Title I of the Americans with Disabilities Act (“ADA”), which prohibits discrimination in employment against those with disabilities, many are less familiar with Title II of the ADA which requires that places of public accommodation and commercial facilities be designed, constructed or altered so that they are accessible to
Litigation
NLRB Poster D.C. Circuit Injunction
By Mark J. Swerdlin on
BREAKING NEWS!
In a follow-up to our blog posting from this morning, the United States Court of Appeals for the District of Columbia just issued an injunction preventing the NLRB from enforcing its poster rule while the Court considers an appeal of the prior D.C. District Court case which upheld a portion of the rule. …
NLRB Poster Update
By Mark J. Swerdlin on
As we blogged over the weekend, a federal District Court in South Carolina on Friday struck down the NLRB poster rule, on the grounds that the NLRB exceeded its authority in promulgating the rule. This ruling directly conflicts with an earlier decision from a federal District Court in Washington, DC which upheld the NLRB’s authority…
NLRB Poster Struck Down
By Bryan M. O'Keefe on
BREAKING NEWS!
The United States District Court for the District of South Carolina just struck down the NLRB poster requirement set to go into effect on April 30, 2012. Contrary to the District Court for the District of Columbia ruling, the federal court in South Carolina found that the NLRB exceeded its authority in promulgating…
Highmark CEO Case Shows Danger of Workplace Relationships
By long on
A cautionary tale about workplace relationships comes out of Pittsburgh this week
The sordid story involves the – now former – CEO of Highmark, 58-year-old Dr. Ken Melani. A well-respected figure in the community, Dr. Melani was riding high – CEO of a major, national company, and a $4.3 million dollar salary to boot. But,…
NLRB Board Appointments and 10 (j) Delegation Upheld
By Bryan M. O'Keefe on
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…
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…
Supreme Court Decides FMLA Case
By Mark J. Swerdlin on
Posted in Employee Leave (FMLA and ADA), Litigation
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…
Labor Unions Strike Out With 11th Circuit on Neutrality Agreements
By Bryan M. O'Keefe on
Many labor unions by-pass the traditional NLRB election process in organizing. Instead, unions will approach an employer and ask if the employer will agree to recognize the union if the union obtains a majority of signed union authorization cards — i.e. “card check.” The union will also ask that the employer sign a “neutrality agreement”…
Arbitration Agreements Found Lawful
By Bryan M. O'Keefe on
Posted in Laws & Regulations, Litigation
Many employers prefer to arbitrate employment disputes rather than have these disputes end up in the traditional courtroom with a jury. As a result, a fair number of employers require their employees sign arbitration agreements for employment litigation, including class action claims.
The validity of these class action waivers was called into question by the…