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Will the NLRB Revisit Yeshiva in Faculty Unionization Effort?

By Darrell R. VanDeusen In 1980, the Supreme Court held that faculty members at private universities typically cannot organize and form a union under the National Labor Relations Act.  NLRB v. Yeshiva University,444 U.S. 672 (1980).  Whether this is the view of the Obama NLRB will be vetted in the coming months as interested parties […]

“Unemployed” is the New Protected Status, at Least in D.C.

By Randi Klein Hyatt The District of Columbia has enacted novel legislation, protecting unemployed individuals from discrimination in the hiring process. The new law prohibits employers and employment agencies from discriminating against potential employees based on their “unemployed” status. This law is the first of its kind to both prohibit employers from considering the employment […]

UAW Is Alright, Jack

By Peter S. Saucier General Motors operated a plant in Moraine, Ohio, where it inherited the International Union of Electrical Workers (IUE) as part of a conversion from a Frigidaire plant to a truck manufacturer in 1981. Through the automobile crisis of 2007-08, the IUE worked with GM and cooperated with every plan, well before the […]

The Supreme Court Upholds “Obamacare”

By Eric Paltell On June 28, 2012, the Supreme Court upheld “Obamacare” (officially known as the Patient Protection and Affordable Care Act of 2010). National Federation of Independent Business et al. v. Sebelius, No. 11-393 (June 28, 2012). In a 5 to 4 decision, Chief Justice John Roberts wrote that the law is constitutional as […]

The Supreme Court Upholds “Obamacare”

On June 28, 2012, the Supreme Court upheld “Obamacare” (officially known as the Patient Protection and Affordable Care Act of 2010).  National Federation of Independent Business et al. v. Sebelius, No. 11-393 (June 28, 2012).   In a 5 to 4 decision, Chief Justice John Roberts wrote that the law is constitutional as an exercise of […]

Maryland Bans Employer Access To Employee Social Media

By Clifford B. Geiger Maryland became the first state to pass a law prohibiting employers from asking job applicants and employees for their usernames and passwords to social media sites such as Facebook and Twitter.  This move comes on the heels of an Associated Press investigation that detailed how many employers, including the  Maryland Department […]

Due Process Claims In The Fourth Circuit

The Fourth Circuit recently reiterated the standards by which constitutional due process claims are to be evaluated in the context of a governmental employee’s demotion. Hall v. City of Newport News, et al. (No. 10-1653, March 14, 2012). The facts in Hall are fairly straightforward. Hall, a police officer with the city of Newport News, […]

Private Attorney Retained By City Entitled To Qualified Immunity

The Supreme Court recently ruled that a private attorney retained by a local government to conduct an employee investigation was entitled to the same immunity available to government employees.  The decision ensures that private individuals retained by governmental units need not worry – in most cases – about being sued in their individual capacities. Filarsky, […]