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The U.S. Supreme Court’s unanimous June 26 ruling in NLRB v. Canning that three of President Obama’s 2012 appointments to the NLRB were illegal means that some 600 NLRB decisions made between January 2012 and July 2013 must be reheard.
The U.S. Supreme Court refused to hear appeals of rulings that declared two of the nation’s most far-reaching anti-immigrant statutes unconstitutional. The towns of Farmer’s Branch, Texas, and Hazleton, Pa., had adopted ordinances punishing landlords who rented to “illegal immigrants.” The Hazleton ordinance also targeted employers that hired illegals.
Hard on the heels of enactment of a new North Carolina law designed to eliminate tenure for public school teachers, the Robeson County Schools have reluctantly developed a point system to rank its teachers. No one, it seems, likes it—not school administrators and not teachers.
The union that represents employees at the Smithfield Foods plant in Tar Heel put on the feed bag in March to publicize efforts to organize employees at another company’s plant nearby. The goal: To build support for forcing a union election at the Mountainaire Farms poultry plant in Lumber Bridge.
While you likely have a grasp on the definition of unlawful harassment and discrimination, have you thought about what constitutes assault, battery and “intentional infliction of emotional distress” in the workplace?
Some employers mistakenly believe that having employees work on a contractual basis will save them from litigation. If they decide not to renew the contracts of workers considered “troublemakers,” they figure they can avoid being sued. That’s a big mistake.
On June 19, declaring that “public employees do not renounce their citizenship when they accept employment,” the U.S. Supreme Court held that the First Amendment protects a public employee’s truthful sworn testimony, compelled by subpoena.
Good news for employers: Workers can’t go to state court to re-litigate an employment discrimination case based on the same underlying facts that already failed in federal court.
Here’s some good news for employers that want to use arbitration as a way to resolve employment disputes instead of relying on federal or state courts: Imposing a fair arbitration policy on applicants as a condition of employment is fine.
Good news for employers: The Supreme Court today said President Obama overstepped his executive powers when he used “recess appointments” to name three members to the National Labor Relations Board (NLRB). As a result, the NLRB will likely have to rehear more than 100 cases from 2012. This could create a procedural logjam at the NLRB, an agency that has been aggressively pursuing expansion of employee rights on the job.