Articles and Blogs

And so it continues. In an advice memo dated July 29, 2014, the General Counsel of the NLRB has given authorization to include a franchisor (McDonald’s) as a named party in unfair labor practice charges arising out of the treatment of franchisee employees. Some believe that this move is just part of the increasing... READ MORE

A recent case from the Northern District of Texas is a great reminder of a very important lesson – it’s not just the large class/collective action FLSA lawsuits that can be costly. In Black v SettlePou, Inc. (Case No.3:10-CV-1418-K), Ms. Black sued her Texas employer in federal district court, claiming that she was improperly... READ MORE

Moving Target of Compliance Over the past few years, we have written about the NLRB’s focus on private employer social media policies (see the references to our past HR Insights Blog posts below).  The decisions are hard to reconcile, and employers (and their advisors) are left to guess what may be seen by the NLRB... READ MORE

Unlawful Interference Private employees have the right to engage – or not to engage – in activities in support of a union or each other relating to wages, hours and working conditions.  It’s unlawful for private employers to “interfere” with those rights.  Spying on employees or even just creating the impression of surveillance has... READ MORE

The Equal Employment Opportunity Commission on July 14, 2014 issued Enforcement Guidance on Pregnancy Discrimination and Related Issues, along with Questions and Answers about the guidance and a Fact Sheet for Small Businesses. This is the first comprehensive update of the EEOC’s guidance on the subject of discrimination against pregnant workers since 1983. This... READ MORE

A private employer planning on downsizing or implementing a reduction in force (“RIF”) has many items on its checklist to consider.  The employer that intends to offer severance pay benefits must understand how Employee Retirement Income Security Act of 1974 (“ERISA”) may impact the RIF.  Severance pay arrangements fall into one of three classifications under... READ MORE

On Monday, June 30, 2014, the U.S. Supreme Court issued a 5-4 decision in Burwell v. Hobby Lobby Stores, Inc., et al., that extends certain religious freedom protections to closely held for-profit corporations.  Specifically, the Supreme Court ruled that the Federal Government cannot impose the contraceptive mandate on closely held for-profit corporations that have... READ MORE

The NLRB and President Obama both took a hit last week from the Supreme Court when the Justices ruled unanimously that the President’s appointment of three members of the NLRB during a recess of the Senate was unconstitutional.  We wrote about this legal challenge to presidential power previously as the case made its way... READ MORE

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