The Employment Brief | Employment Law | Kollman & Saucier, P.A.

Will the NLRB Revisit Yeshiva in Faculty Unionization Effort?

Darrell VanDeusen

07/07/2012

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 have filed amicus briefs with the Board in Point Park Univ., No. 6-RC-12276, a representation case challenging...

Kollman & Saucier

07/06/2012

Disability & Leave, Employment Discrimination

The EEOC decided to file suit against a Rite Aid store who would not permit one of its cashiers with bad knees to sit for half of her shift. The store ultimately fired the cashier for being unable to perform the essential functions of her position. The EEOC and the cashier had suggested that the cashier be permitted to sit for 30 minutes of every hour that she worked. The trial court disagreed, finding such a request “per se” unreasonable under...

Kollman & Saucier

07/06/2012

Employee Benefits, Legislative Developments

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 status of potential employees and provide whistleblower protections for current...

Kollman & Saucier

07/06/2012

Legislative Developments

Maryland employers are not permitted to require an employee to use accrued time off when appearing in response to a jury summons. Employers are also not permitted to take (or threaten to take) an adverse employment action against an employee who fulfills his or her civic duty. This past session, the General Assembly has added to the list of what an employer cannot do vis-à-vis an employee involved in jury duty. Effective October 1, 2012, an employer...

Peter Saucier

07/01/2012

Labor Law

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 United Auto Workers (UAW) ever did. Still, the Moraine plant suspended operations. As GM used tax recovery money to...

Kollman & Saucier

06/29/2012

Employee Benefits

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 an exercise of Congress’ power to tax, notwithstanding the fact that it was an impermissible exercise of...

Kollman & Saucier

06/28/2012

Employee Benefits, Legal Developments

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 Congress’ power to tax, notwithstanding the fact that it was an impermissible exercise of Congressional Power...

Kollman & Saucier

04/26/2012

Quick Clips

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, was fired in November 2006 after the Chief of Police sustained four disciplinary charges against him. Hall...

Kollman & Saucier

04/23/2012

Quick Clips

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, a private attorney, was retained by the City of Rialto to investigate a city...

< 1 … 118 119 120 121 122 123 124 125 126 127 128 129 >

Email Updates

Will the NLRB Revisit Yeshiva in Faculty Unionization Effort?

I Won’t Take That Sitting Down

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

Maryland Expands Employee Rights In Connection with Jury Service

UAW Is Alright, Jack

The Supreme Court Upholds “Obamacare”

The Supreme Court Upholds “Obamacare”

Due Process Claims In The Fourth Circuit

Private Attorney Retained By City Entitled To Qualified Immunity

Email Updates