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

You Quit? That’s An Unfair Labor Practice Says NLRB

Darrell VanDeusen

12/29/2022

The National Labor Relations Board (NLRB) came out with a bunch of year-end decisions, some of which were blogged about by my friend and partner Eric Paltell on this site a couple of weeks ago. Put gently, none of these decisions could be considered “employer-friendly.” Here’s another one. On its last day before the winter break, the NLRB held, in a 2-1 decision, that an employer committed an unfair labor practice (ULP) by refusing to...

Darrell VanDeusen

12/26/2022

Uncategorized

t’s the season of merriment and good cheer, right? Well, not if you are an attorney who (or if you work for a law firm that) has sued MSG Entertainment – the folks who run Madison Square Garden and Radio City Music Hall, as well as other venues in New York City and elsewhere. According to an article on the New York Times website last Thursday (in the print edition on Friday, December 23, 2022),...

Kollman & Saucier

12/21/2022

Labor Law

In a decision issued on the last day of Member Ring's term, the NLRB ruled that an employer's failure to provide the union with home phone numbers for five employees did not warrant setting aside the employer's election victory. In MVM, Inc., 372 NLRB No. 32, the Board held that omitting the numbers for only five of the 92 employees while providing cell phone numbers for all employees "substantially complied" with the voting list requirements...

Kollman & Saucier

12/19/2022

Labor Law

On December 13, 2022, the National Labor Relations Board issued a decision that will substantially expand the relief available to an employee who prevails in an unfair labor practice charge proceeding. The Board's decision in Thrive, Inc., 372 NLRB No. 22, holds that the standard "make-whole" remedy for an employee harmed by an employer's unfair labor practice includes compensation for "all direct or foreseeable pecuniary harm" resulting from...

Kollman & Saucier

12/01/2022

Independent Contractors, Workers' Compensation

The classification of workers as employees or independent contractors has a number of implications regarding liability for workplace related actions, including those under discrimination, wage and hour, tax, unemployment, and workers’ compensation laws. The Fourth Circuit Court of Appeals recently addressed the issue in the context of state tort law claims brought by three individuals working for Eastman Chemical Co. in South Carolina. Zeigler...

Kollman & Saucier

11/28/2022

Labor Law

One way an employer may violate the National Labor Relations Act (NLRA) is to create a “company union.” Under Section 8(a)(2) of the NLRA, it is an unfair labor practice for an employer “to dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it.” A labor organization is “any organization of any kind, or any agency or employee representation committee or plan,...

Kollman & Saucier

11/22/2022

Agency Activity, EEOC, Workplace Postings

The Equal Employment Opportunity Commission (EEOC) released a new "Know Your Rights" poster (dated October 20, 2022) that replaces its prior "EEO is the Law" poster. Any employer with at least 15 employees are required to display this poster in the workplace. The new poster is two pages, with the first applying to all covered employers and the second detailing requirements for federal contractors and businesses receiving federal financial...

Clifford Geiger

11/17/2022

Disability & Leave, Telework

Often, an employee will present a doctor’s note recommending telework, or saying an employee may return to work remotely. Suppose the employee’s job can be performed remotely. Does the employer have to allow telework? Or is the employer entitled to more information before deciding what to do? In Owens v. Georgia, the U.S. Court of Appeals for the Eleventh Circuit recently explained what information a disabled employer must provide to her...

Clifford Geiger

11/16/2022

Legislative Developments, Sexual Harassment

On November 16, 2022, the House of Representatives passed a bill that will nullify some nondisclosure agreements (NDAs) signed by employees who assert claims of sexual harassment or assault. The bill, known as The Speak Out Act (S. 4524), passed the Senate unanimously in September. It will now head to President Biden for his signature. In the findings prefacing the bill, Congress wrote, “[n]ondisclosure and nondisparagement provisions in...

Darrell VanDeusen

11/10/2022

Wage & Hour

It’s that time of year when I update my FMLA/Wage and Hour treatise (available as a part of the Lexis/Nexis Labor and Employment Law set). I am still surprised by stuff I learn for the first time when I do this. For example, I had never thought about something called “gap time.” So, maybe it’s something new (and possibly of interest) to you as well. The FLSA requires employers to pay non-exempt employees both a minimum wage and...

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Email Updates

You Quit? That’s An Unfair Labor Practice Says NLRB

Santa’s Naughty List Said “No Rockettes for You!”

NLRB Refuses to Set Aside Election Based on Failure to Provide Home Phone Numbers

NLRB Expands Remedies Available for Unfair Labor Practice Charges

Injured Workers’ Personal Injury Claims Not Precluded By Workers’ Compensation Statute

T-Mobile Violated Labor Law With Company Union

New Mandatory EEOC Poster Released

Telework Requests Remain Tricky for Employers

House Passes The Speak Out Act

Mind the Gap Please

Email Updates