Call Me When… You have an employee-related issue including court and agency cases, governmental personnel-related audits, or you need counsel on addressing any employee-related issue.
In a recent case, a marijuana dispensary was forced to bargain with the Union even though the Union was not elected by the employees. The case demonstrates the consequences of unfair labor practices and the government’s new, lower threshold for giving unions the right to represent workers. Background The case involves allegations that the Company,…
Earlier this month, New York became the latest state to ban mandatory captive audience meetings when Governor Kathy Hochul signed into law Senate Bill 4982 and Assembly Bill 6604, amending New York Labor Law Section 201-d (“NYLL 201-d”). The new law prohibits New York employers from requiring employees to attend any company meeting having the…
This past month, in Stericycle, the National Labor Relations Board (NLRB) announced a new amorphous legal standard it will use to judge whether union-free employer’s rules and policies are lawful under the National Labor Relations Act (“NLRA”). The Stericycle approach dispensed the categorical approach which identified certain policies as always being lawful. Now every policy…
When considering religious accommodation, employers have enjoyed great latitude with accepting or rejecting requested religious accommodations. This was thanks in large part to the Supreme Court’s 1977 ruling in Trans World Airlines, Inc. v. Hardison, which held an employer need only show it would bear more than a “de minimis” cost/effort to demonstrate that a religious…
By: Robert G. Brody When considering religious accommodation, employers have enjoyed great latitude with accepting or rejecting requested religious accommodations. This was thanks in large part to the Supreme Court’s 1977 ruling in Trans World Airlines, Inc. v. Hardison, which held an employer need only show it would bear more than a “de minimis” cost/effort…
Later today, the United States Supreme Court is set to hear opening remarks in a former postal worker’s claim of religious discrimination against the U.S. Postal Service (the “USPS”) after he was repeatedly disciplined for refusing to work on Sundays. Once again, this Supreme Court is considering overturning decades of precedent. If successful, the ruling could…
By Robert G. Brody and Luis A. Torres We previously reported on the Federal Trade Commission’s (FTC) proposed rule that would effectively ban most noncompete agreements in the workplace. However, the FTC’s proposed rule has one major exception: Franchisees. The proposed rule states that the term “worker” does not include a franchisee in the…
By Robert G. Brody and Mark J. Taglia April 24, 2023 Last week, the NLRB’s decision in Noah’s Ark Processors, LLC (“Noah”) held that repeat offenders of the NLRA could be subject to extraordinary remedies. The Board went on to detail when such remedies were appropriate, and outlined the types of actions violators could expect to…
Don’t be surprised if no one is answering the phones at Brody and Associates on June 19th. The number of private employers offering Juneteenth as a paid holiday continues to grow and has jumped significantly over the last three years. Last year, nearly one-third of all private employers gave their employees a paid day off. This…
Last week, the NLRB’s decision in Noah’s Ark Processors, LLC (“Noah”) held that repeat offenders of the NLRA could be subject to extraordinary remedies. The Board went on to detail when such remedies were appropriate, and outlined the types of actions violators could expect to be subject to if they have undertaken egregious misconduct or “have shown…
By Robert G. Brody and Mark J. Taglia March 17, 2023 Last week, the U.S. Equal Employment Opportunity Commission (the “EEOC”), filed a disability bias lawsuit against Papa John’s International Inc. (“Papa John’s”) for firing a blind worker who needed the use of a guide dog to get to and from work (Equal…
The Department of Justice (DOJ) is attacking no-poach hiring agreements, a trend that could have a lasting impact on how companies solicit/secure employees. This trend started in 2016, when they issued guidelines on how to avoid antitrust violations based on the illegal use of no-poach agreements. The guidance noted that the DOJ could pursue criminal investigations,…
March 31, 2023 By Robert G. Brody and Mark J. Taglia Late last week, Michigan’s Governor, Gretchen Whitmer, made history when she signed legislation repealing Michigan’s right-to-work law for private-sector employees. The legislation moved swiftly through both Michigan’s Democrat-controlled House of Representatives and Senate and was approved down party lines before quickly being signed…
By Robert G. Brody and Mark J. Taglia March 10, 2023 On Thursday, March 9th, President Biden submitted his proposed fiscal year 2024 budget request to Congress. In it he seeks a $1.5 billion increase to the U.S. Department of Labor Budget. Most of this increase would support the President’s paid family and medical…
By Robert G. Brody and Mark J. Taglia January 20, 2023 Last week the Federal Trade Commission (the “FTC”) proposed a rule banning companies from requiring workers to sign noncompete agreements. Currently, there are about 30 million workers (roughly 18% of the U.S. workforce) who are subject to such agreements. The FTC proposal would apply…
© 2024 XPX Global LLC. Privacy Policy Norms & Principles Site Map Terms of Use
© 2024 XPX Global LLC. All Rights Reserved.
