Employment Law

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If you are in the health care industry and have several facilities, it might be convenient to have one union represent all your employees. Just don’t expect the National Labor Relations Board to buy that argument.
The U.S. Supreme Court has refused to review the California Supreme Court Decision in which the state’s highest court ruled that the Federal Arbitration Act preempted California’s policy against enforcement of class-action waivers on the grounds that they were contrary to public policy or unconscionable.
The National Labor Relations Board has upped the ante in its ongoing effort to brand McDonald’s USA a joint employer along with its franchisees in a series of claims that the fast-food giant engages in unfair labor practices.
Don’t count on getting off the hook if you are sued as a joint employer.
Attention to detail is essential when using arbitration agreements. They are contracts and the ordinary legal requirements for contract formation must be followed.
Online retail giant Amazon and the NLRB have resolved an unfair labor practices claim with an agreement that could lead to unionization of many of the company’s warehouses. The move was prompted by a heavy-handed response to an employee complaint during an employee meeting.
The U.S. Department of Labor stands to gain far more than most federal agencies in the White House’s fiscal year 2016 budget proposal released Feb. 2. President Obama’s budget would increase DOL funding by almost 11% next year, compared to an average of 5.3% for other federal agencies.
If an employer is sued for discrimination, harassment or retaliation, chances are all emails related to the employee will be shared with the em­­ployee’s attorneys. Anything said in those emails can then be used against you to prove discrimination—or that you tried to set up the employee for discharge because she filed a discrimination complaint.
Pending National Labor Relations Board cases that will probably deem national corporations and their franchisees joint employers “could destroy a small business opportunity for more than 700,000 Americans,” according to Sen. Lamar Alexander (R-Tenn.), chair of the Senate Committee on Health, Education, Labor and Pensions.
As of Dec. 22, 2014, employers in New York must grant leave to employees who also serve as volunteer emergency responders during times when the governor has declared a state of emergency or if a federal emergency has been declared.
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