Blog
Deducting Union Dues After A Collective Bargaining Agreement Expires
October 25, 2018
An administrative law judge for the National Labor Relations Board recently held that Valley Hospital Medical Center could rely upon language in an expired collective bargaining agreement and cease deducting union dues because the language stated the dues-checkoff requirements “shall be continued in effect for the term of this Agreement.”
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Court Finds Nevada Law Requires Employer To Pay Employees For Time Spent On Security Screenings
October 24, 2018
On September 19, 2018, a federal circuit court ruled that time spent by hourly employees waiting for and undergoing a mandatory security screening was compensable time under Nevada wage and hour law.
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OSHA Issues Clarification on Workplace Safety Incentive Programs and Post-Incident Drug Testing
October 22, 2018
For the past couple of years, the Occupational Safety and Health Administration (OSHA) has enforced a rule that prohibits employers from retaliating against employees for reporting work-related injuries or illnesses.
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FMLA FAQ: Can Foster Parents Take an Additional 12 Weeks of FMLA Leave After They Adopt a Child?
October 19, 2018
Under the FMLA, foster care is defined as: 1) 24‑hour care for children in substitution for, and away from, their parents or guardian; and 2) The placement into foster care involves state action, voluntary or involuntary removal of the child from the parents or guardian, and an agreement between the State and foster family that the foster family will take care of the child. 29 CFR 825.122(g)
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Reasonable Accommodations – Not Just for Essential Functions!
October 17, 2018
A recent case highlighted a important point under the Americans with Disabilities Act that is often overlooked – reasonable accommodations are not limited only to enabling employees with disabilities to perform the essential functions of their jobs! They must also be provided to allow those employees to enjoy privileges and benefits of employment equal to non-disabled employees!
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NLRB Surrenders Its War Against Employee Handbooks
October 15, 2018
In June, the National Labor Relations Board’s General Counsel released a memorandum providing guidance on the NLRB’s December 2017 decision in The Boeing Company, 365 NLRB No. 154, which established a new standard for evaluating the legality of employer rules, policies, and handbook provisions under the National Labor Relations Act.
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Employee Not Entitled to Further Worker's Compensation Benefits Because Her Disability-Causing Surgery was not Related to a Compensable Work Injury
October 15, 2018
On August 28, 2018, District I of the Wisconsin Court of Appeals held that the Plaintiff was not entitled to further worker’s compensation benefits because her disability-causing surgery was not related to a compensable work injury.
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NLRB Turns To Rulemaking To Reverse Joint Employer Standard
October 12, 2018
The National Labor Relations Board (the “Board”) has issued a proposed regulation to re-establish the traditional test for determining whether two employers are considered “joint employers” under the National Labor Relations Act (“NLRA”).
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Upon Further Review: The DEA Legalizes a Marijuana-Derived Drug
October 10, 2018
There is an ongoing tension between state laws decriminalizing or legalizing marijuana for medicinal purposes and federal law, under which marijuana is still classified as an illegal Schedule I Controlled Dangerous Substance.
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OSHA-Compliant Injury Reporting Policies
October 4, 2018
Several months ago, OSHA proposed to rescind part of its revised workplace injury and illness reporting rule, which was originally issued in May 2016.
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Employer Liability for Employee Cell Phone Use Behind The Wheel
October 4, 2018
The individual risks and potential liability associated with behind-the-wheel cell phone use are well known. What may be lesser known is the extent to which an employer can be held liable for a cell phone-related accident involving one of its employees.
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New York State Revised Sexual Harassment Policy, Complaint Form, and Training Released
October 2, 2018
Approximately one-week before the deadline for employers to revise their sexual harassment policies, and after reviewing hundreds of comments from the public on its previously-released draft sexual harassment policy, complaint form, and training, New York State issued updated guidance, as well as a final model policy, complaint form, training, and revised Frequently Asked Questions on these topics.
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