Articles and Blogs

Another Case of Reconsideration for the NLRB Recently we wrote about the NLRB’s decision protecting profanity directed toward a boss during a heated argument in the bosses office.  That decision came after a federal appeals court told the NLRB to reconsider its earlier decision providing protection to the boss-cussing worker.  The NLRB did reconsider... READ MORE

Recently, the Sixth Circuit Court of Appeals (which has jurisdiction over courts in Kentucky, Michigan, Ohio and Tennessee) held that allowing a disabled employee to telecommute could be a reasonable accommodation under the Americans with Disabilities Act. READ MORE

NLRB Often Strikes Down Common Employer Rules For several years now, the NLRB that governs labor and management relations in the private sector has been striking down employer rules that interfere with employee rights to form, join or associate with labor unions or to engage in activity for their mutual aid and protection –... READ MORE

You would think that an employee who told his boss – to his face – that he was a “f***ing crook” and an “a**hole” and that the boss “would regret it if you fire me” – SHOULD be fired.  Not according to the NLRB. READ MORE

The Department of Homeland Security (“DHS”) recently proposed a rule that would allow certain spouses of H-1B workers to apply for employment authorization in the United States.  Click here to view the full text of the rule.  READ MORE

OFCCP will host a free 90-minute webinar on June 12, 2014 concerning best practices for outreach and recruitment of individuals with disabilities, including disabled veterans.  Colet Mitchell and Shaun McGill from the Office of Disability Employment Policy (“ODEP”) will be the presenters.  Registration for the webinar is available here.  READ MORE

A growing number of lawsuits, including collective action cases, are aimed at requiring employers to pay employees such as nurses and other surgical staff starting from the time they commence getting changed into their required work clothes. Until recently, hospitals and health systems may not have thought twice about requiring nurses to change into... READ MORE

Members of today’s workforce generally fall into one of three classifications: employers, employees and independent contractors. Recently, federal and state agencies have zeroed in on employee/independent contractor classifications and have increased their enforcement efforts as a way to increase agency revenue.  For example, the Government Accountability Office estimates that unpaid taxes stemming from employee... READ MORE

Many employees are opting to work remotely today due to the efficiency and convenience of technology.  Nonetheless, when employers hire remote employees, employers must ensure continued compliance with Form I-9 requirements. READ MORE

On April 8, 2014, President Obama signed a new Executive Order prohibiting federal contractors from discriminating or retaliating against employees who discuss their compensation.  On the same date, President Obama also issued a Presidential Memorandum directing the Secretary of Labor to issue new rules governing the collection of summary compensation data from federal contractors.  READ MORE