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Category Archives: Labor and Employment
A Triumph for Employers: D.C. Circuit Court of Appeals Strikes Down NLRB Poster Rule
On May 7, 2013, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) invalidated the National Labor Relations Board (“Board”) August 2011 rule requiring all employers subject to the National Labor Relations Act (“NLRA”) to … Continue reading
Posted in Labor and Employment, Labor Relations, NLRA, NLRB
Tagged National Labor Relations Act, National Labor Relations Board, NLRA, NLRB
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All or Nothing: Arbitration Provision in Employee Handbook Unenforceable
Last month, a Massachusetts federal district court found an arbitration dispute resolution policy in an employee handbook unenforceable. Victoria Domenichetti received an employee handbook on her first day at The Salter School, LLC, which articulated various company policies. One of … Continue reading
Posted in Labor and Employment, Retaliation
Tagged employee handbooks, retaliation, workplace policies
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The NLRB and Preserving Confidentiality in Workplace Investigations
The National Labor Relations Board’s (NLRB) reach into the non-union workplace has forced employers to consider revising numerous policies. One of these policies involves confidentiality in workplace investigations. In Banner Health Systems v. Navarro, the NLRB found that a blanket … Continue reading
Another NLRB Loss For Employers
Social media has become a thorn in the side of many employers and after viewing unsavory Facebook dialogue by employees, directed at the employer or the employees’ working conditions, employers all too often decide those employees should be fired. Recently, … Continue reading
Keeping Unpaid Internships Legal
The season is upon us when college students and recent graduates seek out unpaid internships, looking for a way to gain “real world” experience, and a possible foot in the door, in an otherwise suffering labor market. While the prospect … Continue reading
Be Careful What You Call It
In a recent decision, the Massachusetts Supreme Judicial Court (“SJC”) reversed and remanded the decision of a Superior Court Judge who had dismissed a plaintiff’s claim against his former city employer for failing to pay him his accrued but unused … Continue reading
Supreme Court to Weigh In On Employees’ Changing “Clothes” More Than The DOL Changes Its Mind
Under the FLSA, 29 USC § 203(0), employees are not entitled to receive compensation for time that is spent “changing clothes . . . at the beginning or end of each workday.” In other words, if donning and doffing work … Continue reading
Posted in FLSA, Labor and Employment, Labor Relations
Tagged Department of Labor, DOL
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The Wait is Over: New I-9 Forms
On March 8, 2013, the federal government issued the new version of the 1-9 Form (Employment Eligibility Verification Form), which is used to verify an employee’s eligibility to work in the United States. Employers may continue to use the old … Continue reading
NLRB Scrutinizing Non-Disclosure and Non-Disparagement Provisions
It is a common practice for employers to require that employees sign agreements containing non-disclosure and non-disparagement provisions as a condition of employment to protect confidential and proprietary information and to protect the company’s reputation. Recently, a NLRB Administrative Law … Continue reading
Posted in Labor and Employment, Labor Relations, NLRB
Tagged National Labor Relations Act, NLRA, NLRB
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Insubordination or ADA-Protected Conduct One Too Many Times?
Katherine Kelley, a nurse at Correctional Medical Services, Inc. (CMS), was terminated for insubordination after refusing an assignment she felt she was not physically able to do while recovering from a serious injury. Kelley subsequently filed a claim under the … Continue reading
Posted in ADA, Labor and Employment, Retaliation
Tagged ADA, disability, reasonable accommodations, retaliation
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