Majority Rules That Skycap’s Complaint About Bad Tipping Was Not Protected Concerted Activity The National Labor Relations Board (“NLRB” or “Board”) kicked off 2019 with an important decision that significantly narrowed the standard for when an individual employee’s conduct will be found to be “protected concerted activity” under the National Labor Relations Act (“NLRA” or … Continue Reading
On January 15, 2019, the United States Supreme Court held in New Prime Inc. v. Oliveira that a trucking company could not compel its drivers, which it classified as independent contractors, to arbitrate their wage and hour claims against the company because Congress intended to exempt all interstate transportation workers from the Federal Arbitration Act … Continue Reading
As most readers of this blog are aware, the Americans with Disabilities Act (“ADA”) and analogous state laws prohibit employers from discriminating against qualified employees (and applicants) based on known physical or mental disabilities, and also require employers to provide those employees with reasonable accommodations for their disabilities. Although broad in their protections, these laws … Continue Reading
As the Supreme Court’s October 2018 term opened, we wrote about three significant cases on its docket involving arbitration, each of which are likely to have an impact on the arbitration of employment-related claims. The Court issued its decision in the first of those cases on January 8, 2019. In his first opinion since joining … Continue Reading
Much attention over the past few years has been given to the ongoing saga concerning the standard applied by National Labor Relations Board (“NLRB” or “Board”) to determine when two unrelated business entities share sufficient control over a group of employees such that they may be deemed “joint employers” under the National Labor Relations Act … Continue Reading
Our first State Law Round-Up of the new year is here to make sure you start off 2019 on the right foot—by making sure you have not missed any of the new state employment laws that are now in effect or coming soon.… Continue Reading
The National Labor Relations Board recently issued more good news for unionized employers. In a guidance memorandum last week, the Board’s General Counsel announced an updated approach that will help employers avoid litigating unfair labor practice charges filed by unions or union-represented employees who have filed grievances regarding the same underlying dispute.… Continue Reading
On December 7, 2018, the National Labor Relations Board (“NLRB”) issued its 2019-2022 Strategic Plan, which focuses on four primary goals. First, the Board targets a 20% decrease, collectively, in the time required to resolve unfair labor practice charges from filing to resolution. This collective decrease is to be accomplished through incremental decreases of 5% … Continue Reading
On December 7, 2018, a three-judge panel of the U.S. Court of Appeals for the Eighth Circuit unanimously held in Hustvet v. Allina Health System that an employer did not unlawfully terminate an employee who refused to receive a rubella vaccination. The plaintiff, a healthcare specialist working with potentially vulnerable patients, requested an accommodation exempting … Continue Reading
Earlier this week, the National Labor Relations Board’s top prosecutor clarified how he views several key issues that arise when unions request information from employers. Board General Counsel Peter Robb confirmed that his office will not require employers to automatically inform unions about the amounts the employers have saved due to the recent federal tax … Continue Reading
In a proposed rule published in today’s Federal Register, the U.S. Citizenship and Immigration Services (USCIS) is resurrecting and modifying a previous proposal from 2011 to implement an electronic pre-registration system for H-1B cap petitions. H-1B visas are for high-skilled “specialty workers” in positions that require at least a Bachelor’s degree in a specific related … Continue Reading
In 2017, the State of Kentucky enacted a right-to-work law, which, as you will recall from our prior posts (see here), bars employees from being required as a condition of employment to belong or financially contribute to a labor union. (Kentucky was the 27th US state to pass a right-to-work law; in 2017, Missouri also … Continue Reading
On November 15, 2018, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit unanimously held in Netter v. Barnes that an employee did not engage in “opposition or participation” activity protected by Title VII of the Civil Rights Act of 1964 when she reviewed and duplicated confidential personnel files without authorization. … Continue Reading
The mid-term elections are still on people’s minds, as recounts and run-offs for federal congressional and state gubernatorial candidates are finally wrapping up. Meanwhile, and largely taking a media-coverage backseat to these high-profile races, many new state initiatives became law as a result of the mid-terms, three which involved legalizing marijuana for recreational or medical … Continue Reading
The U.S. Supreme Court currently is contemplating whether to review three employment discrimination cases involving what, if any, protection Title VII extends against discrimination on the basis of sexual orientation and gender identity. See R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission et al., case number 18-107 (considering transgender discrimination under … Continue Reading
In its first opinion of the 2018 term, the U.S. Supreme Court held in Mount Lemmon Fire Dist. v. Guido, No. 17-587, slip op. at 1-7 (November 6, 2018) that the Age Discrimination in Employment Act (“ADEA”) applies to all political subdivisions of states, regardless of size, rejecting an argument that the 20-employee jurisdictional threshold … Continue Reading
Most companies doing business in California are aware of California’s long-standing public policy in favor of employee mobility over an employer’s ability to impose a provision prohibiting an employee from going to work for a competitor post-termination, which is embedded in California Business & Professions Code Section 16600. Particularly where the employer is headquartered outside … Continue Reading
Squire Patton Boggs presents a webinar to provide an overview of the past year’s most significant labor and employment decisions and emerging areas of the law in the United States. On 5 December 2018 at 4 p.m. GMT (5 p.m. CET, 11 a.m. EST, 8 a.m. PST) Jill Kirila, our US Labor & Employment Practice … Continue Reading
The National Labor Relations Board has recently signaled another key change for unionized employers. The Board may be on the verge of significantly expanding employers’ key defense to alleged failure-to-bargain unfair labor practice charges. Historically, the Board has made it particularly difficult for a unionized employer to adjust or update its operations in a way … Continue Reading
The change in administration following the 2016 election resulted in a change in the political makeup of the National Labor Relations Board. That, in turn, led to a number of significant changes in the law, affecting a wide range of labor relations issues and impacting both unionized and non-union employers. Please join us on October 10 … Continue Reading
Earlier this year, the United States Supreme Court held in Epic Systems Corp. v. Lewis that employers can require employees to agree to arbitrate disputes between them solely on an individual basis and to waive class and collective action litigation procedures without running afoul of federal law. (See our post here). Addressing an issue not … Continue Reading
We’ve been keeping you apprised of the many developments over the past few years coming from the United States Supreme Court and other courts concerning agreements between employers and their employees to arbitrate disputes arising out of the employment relationship. The Supreme Court’s decision last term in Epic Systems v. Lewis, which we discussed in … Continue Reading
In a rare victory for employers in California, Governor Jerry Brown vetoed a much talked about law designed to end arbitration of substantially all employment disputes.… Continue Reading
As we discussed in our previous posts – see here and here – in April 2018, New York passed legislation intended to combat workplace sexual harassment. Under this new law, employers are required to implement and distribute to employees a written policy prohibiting sexual harassment by October 9, 2018. To assist employers in complying, in … Continue Reading
