The National Labor Relations Act (NLRA) is one of the few federal employment/labor laws which does not include a specific provision requiring employers to post a notice related to employee rights under that law. That may be about to change. On December 21, 2010, the National Labor Relations Board (NLRB) issued a Notice of Proposed
December 2010
Firing of non-union healthcare workers for joining union picketing violated NLRA, even though union’s picketing was illegal.
By Maria Danaher on
Posted in NLRA
The National Labor Relations Board has issued an order accepting as “the law of the case” a 2009 decision by the 2d U.S. Circuit Court of Appeals in which, drawing a distinction between picketing and striking, that Court held that a New York health clinic unlawfully fired five employees for joining a picket line, even…
Employer can require compliance with call-in policy, even during FMLA leave.
By Maria Danaher on
Posted in FMLA
The 8th U.S. Circuit Court of Appeals has held that an employee who was fired for repeatedly violating her employer’s call-in policy cannot proceed with her lawsuit under the FMLA. Thompson v. CenturyTel of Central Arkansas,LLC, 8th Cir, No. 09-3602, December 3, 2010.
Loretta Thompson began working for CenturyTel, a telecommunications company, in 2003. In…
Plaintiff must request an accommodation that allows him to perform the essential functions of the job in order to support ADA claim.
By Maria Danaher on
Posted in ADA, Reasonable accommodation
A medical resident with Asperger’s Disorder was unable to meet his burden, in his ADA lawsuit against his hospital employer, that he was “otherwise qualified” for his position. The 6th U.S. Circuit Court of Appeals upheld summary judgment in favor of the hospital, because the resident’s requested accommodation – that the hospital physician and staff…