In November 2010, the National Labor Relations Board (NLRB) announced its plans to prosecute a complaint issued by a Connecticut regional office regarding the termination of a union member/employee who posted negative remarks about her supervisor on her personal Facebook page. The complaint alleged that the employer, an ambulance service, maintained and enforced overly broad
Employees who stop coming to work because business is closing are entitled to 60-day notice under the WARN Act.
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
Down the Rabbit Hole Again: OFCCP Continues to Expand Jurisdictional Thresholds for Health Care Providers and Insurers
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.
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.”
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
Under proposed NLRB rule, all employers must post a notice of employees’ right to unionize and to strike.
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
Firing of non-union healthcare workers for joining union picketing violated NLRA, even though union’s picketing was illegal.
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.
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.
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
Alleging that employer views an individual as disabled from doing one type of job is not sufficient to support a “regarded as” argument under the ADA.
The ADA defines “disability” as a physical or mental impairment that substantially limits one or more major life activities, or being “regarded” as having such impairment. In order to support a “regarded as” claim under the ADA, an individual has to show that the perceived impairment limited a major life activity and that the limitation