The Worker Adjustment and Retraining Notification (WARN) Act states that an employer cannot order a plant closing or mass layoff that will affect 50 or more employees without a 60-day written notice to each affected employee. An “affected employee” is someone who is expected to experience an employment loss as a result of the closure
January 2011
Down the Rabbit Hole Again: OFCCP Continues to Expand Jurisdictional Thresholds for Health Care Providers and Insurers
By Maria Danaher on
Posted in Health Law
Written by Leigh M. Nason, Esquire (Ogletree Deakins, Columbia, SC)
Despite ongoing litigation with health care providers and insurers, the Office of Federal Contract Compliance Programs (OFCCP) recently issued an extensive administrative directive to provide “comprehensive guidance for assessing when health care providers and insurers are federal contractors or subcontractors.” The December 16 directive…
Supervisor has a viable claim under the NLRA when terminated or disciplined for refusing to commit unfair labor practices.
By Maria Danaher on
Posted in NLRA
Although supervisors generally are not covered by the National Labor Relations Act (NLRA), which protects “employees” from unfair labor practices, that Act is deemed to have been violated if a supervisor’s discharge results from his refusal to commit an unfair labor practice. Recently, the 6th U.S. Circuit Court of Appeals upheld the dismissal of a…
First Circuit holds that Title VII does not protect employees from the “ordinary slings and arrows that suffuse the workplace every day.”
By Maria Danaher on
The 1st U.S. Circuit Court of Appeals reminds us that while Congress’ antidiscrimination laws are designed to protect workers’ rights, they are “not intended to function as a collective panacea for every work-related experience that is in some respect unjust, unfair, or unpleasant.” Consistent with this statement, the court dismissed the claims of four female…