Articles and Blogs

Union Fines Its Members for Crossing Picket Line When an employee joins a union, he or she becomes subject to the union’s bylaws and rules.  When those rules provide for fines and penalties for crossing a picket line, the result can be very costly for the employee who has not resigned from the union. ... READ MORE

“Your leadership style is not in accordance with company practices.” This is what an HR Director was told when he was terminated after his company learned that he was “stressing out” two of his assistant HR managers.  The tense work environment that he created caused both managers to seek counseling and each had begun... READ MORE

Here We Go Again, “Quickie Election II” As we predicted in our last post, “It’s Official – The NLRB’s “Quickie Election Rule” Is Rescinded,” the National Labor Relations Board (“NLRB”) announced on February 4, 2014 that it is issuing proposed amendments to its rules and regulations governing representation-case procedures. In substance, the proposed amendments... READ MORE

The word on the street is that OFCCP will mail its next round of Corporate Scheduling Announcement Letters (“CSALs”) to unlucky federal contractors this week.  This is not a letter you want to receive, as it means your company has been targeted for an affirmative action compliance review.    READ MORE

Not So Quick On January 22, 2014, the National Labor Relations Board (“NLRB”) published in Federal Registerthe  its official rescission of the so-called “Quickie Election Rule” that would have greatly speeded up union elections in the private sector.  The rescission of the rule restores the NLRB’s former election processes and procedures.  In practical terms,... READ MORE

“Sicker than a Dog” Under the ADA, an employer is required to “reasonably accommodate” a “qualified individual with a disability.”  In this recent case, the court had occasion to consider whether an open-ended request for leave was “reasonable” when it was made by an employee who claimed to be “sicker than a dog” and... READ MORE

The EEOC’s first systemic lawsuit brought under the Genetic Information Nondiscrimination Act (“GINA”) has resulted in a defendant nursing and rehabilitation center agreeing to settle for $370,000 and other penalties as explained below. Employers will recall that GINA prohibits employers from discriminating and retaliating against employees or job applicants based on genetic information and... READ MORE

An employee who is caught sleeping on the job will usually end up getting fired. Indeed, this is what happened when a night shift employee was caught sleeping numerous times. The employee was given progressive warnings, including a final warning, before getting caught the last time and was fired. This seems pretty straightforward; however,... READ MORE

Extensive Resource Materials Available The U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”)  launched a new educational online resource on January 15, 2014, which has extensive materials to help hospitals prevent worker injuries, assess workplace safety needs, enhance safe patient handling programs and implement safety and health management systems. The materials include fact... READ MORE

NLRB Throws in the Towel Yesterday, the NLRB announced that it has decided not to seek Supreme Court review of two U.S. Court of Appeals decisions invalidating the NLRB’s Notice Posting Rule, which would have required most private sector employers to post a notice of employee rights in the workplace.  We have written about... READ MORE