On April 11, 2022, the National Labor Relations Board’s General Counsel urged the Board to revive the long-abandoned Joy Silk doctrine, which has not been in effect in nearly 50 fifty years.
Continue Reading NLRB General Counsel Urges The NLRB To Revive The Joy Silk Doctrine For Union Elections
NLRB General Counsel Issues Memo Regarding Bargaining Obligations for Vaccine Mandate
On November 10, 2021, National Labor Relations Board (“NLRB”) General Counsel Jennifer Abruzzo issued a memorandum outlining employers’ bargaining obligations with respect to compliance with OSHA’s Emergency Temporary Standard to Protect Workers from Coronavirus (“ETS”).
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The Third Circuit Opens The Door to Class Actions Seeking Paid Military Leave
On August 10, 2021, the Third Circuit in Travers v. Federal Express Corporation revived a class action lawsuit under the Uniformed Services Employment and Reemployment Act of 1994 (“USERRA”), holding that employers must provide servicemembers with pay during military leave when employers pay employees on “comparable types of leave.”
Continue Reading The Third Circuit Opens The Door to Class Actions Seeking Paid Military Leave
Virginia Enacts Employment Protections For Medical Use of Cannabis Oil
On March 25, 2021, Virginia Governor Ralph Northam signed into law new protections for employees related to the medicinal use of cannabis oil. Effective July 1, 2021, the newly enacted law will prohibit employers from disciplining, discharging, or discriminating against an employee for his or her lawful use of cannabis oil so long as the use is pursuant to a valid written certification issued by a health care practitioner for the treatment of the employee’s diagnosed condition or disease.
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Court Invalidates DOL’s Final Rule On Joint Employment Under The FLSA
Last month, the United States District Court for the Southern District of New York invalidated portions of the Department of Labor’s Final Rule on joint employment, holding that parts of the Final Rule conflicted with the statutory language of the FLSA and chiding the DOL for failing to adequately explain why the Final Rule departed from the DOL’s own prior interpretations.
Continue Reading Court Invalidates DOL’s Final Rule On Joint Employment Under The FLSA
Federal Court Strikes Down Portions of Department of Labor’s Final Rule On COVID-19 Leave, Expands Coverage
On August 3, 2020, the United States District Court for the Southern District of New York struck down portions of the DOL’s Final Rule regarding who qualifies for COVID-19 emergency paid sick leave under the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act, collectively referred to at the Families First Coronavirus Response Act. Of particular importance to employers, the Court invalidated two provisions of the DOL’s Final Rule pertaining to: (1) conditioning leave on the availability of work and (2) the need to obtain employer consent prior to taking leave on an intermittent basis.
Continue Reading Federal Court Strikes Down Portions of Department of Labor’s Final Rule On COVID-19 Leave, Expands Coverage
BREAKING: The U.S. Supreme Court Holds That Title VII Protects LGBTQ Employees
In a 6-3 decision, the U.S. Supreme Court ruled today that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on an employee’s sexual orientation and/or transgendered status.
Continue Reading BREAKING: The U.S. Supreme Court Holds That Title VII Protects LGBTQ Employees
Virginia Enacts “Ban the Box” Legislation for Marijuana Possession Arrests, Charges, and Convictions
Virginia has enacted several new labor and employment laws that are poised to dramatically change the legal landscape for employers in Virginia, including enacting “ban the box” legislation for simple possession of marijuana.
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NLRB: Employer Right to Take Unilateral Action Under a Collective-Bargaining Agreement Does Not Survive the Expiration of the Agreement Absent Explicit Language to the Contrary
In a recent decision of first impression, the NLRB held that its contract coverage doctrine does not apply to changes to the terms and conditions of employment after the expiration of the parties’ collective bargaining agreement, unless the contract contained explicit language that the relevant provision would survive contract expiration.
Continue Reading NLRB: Employer Right to Take Unilateral Action Under a Collective-Bargaining Agreement Does Not Survive the Expiration of the Agreement Absent Explicit Language to the Contrary
Seventh Circuit: Employees Covered by Arbitration Agreements Should Not Receive Notice of Pending FLSA Collective Actions
The Seventh Circuit recently held that district courts should not send court-authorized notice of pending FLSA collective actions to employees who are party to a mandatory arbitration agreement.
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