Take note, unionized employers: the National Labor Relations Board (“NLRB” or the “Board”) held on Monday that employers violate the National Labor Relations Act (“NLRA”) when, following expiration of the parties’ collective-bargaining agreement (“CBA”), they unilaterally cease deducting and remitting
Latest from Shawe Rosenthal - Page 13
Employers, Are You Regarding Those Socially Awkward Employees as Disabled?
Being “on the spectrum” is a pretty common way of referring to individuals with autism (although my husband, a doctor, had never heard of that. Where has he been? Granted, he’s a pathologist, so doesn’t deal directly with live patients,
Retaliation Claims Can Drive You Nuts!
As many employers sadly know, those retaliation claims can be more problematic than a discrimination or harassment claim. Federal and state discrimination laws protect employees not only from discrimination or harassment, but also from retaliation for opposing discrimination/harassment, or making
Wait – But the Disability Law Doesn’t Actually Say That!
So awhile back, I wrote a blog post about DC laws that were passed but not implemented. But we just ran into the opposite issue – apparently DC has implemented a law that doesn’t – technically – exist! Let me
NLRB Proposes Return to a More Expansive Joint Employer Standard
One day after Labor Day, the National Labor Relations Board (“NLRB” or the “Board”) issued a proposed rule that would rescind and replace the Trump Administration’s 2020 rule that established the current test for determining whether two entities are joint
Employers – Be Prepared for More Union Apparel in the Workplace
On Monday, August 29, 2022, the National Labor Relations Board issued its first precedent-shifting decision under the Biden administration, which will have the effect of permitting more apparel with union insignia in the workplace.
The Law on the Display of
Are Rumor Based Beliefs a Defense to Discrimination Claims?
Does an employer violate discrimination laws when it acts on information that it honestly believes about an employee that disqualifies him from the job? Even if the employer might be mistaken and the employee has a legally protected disability? An
Have we reached the new normal? The CDC’s Revised COVID-19 Rules
As the COVID-19 pandemic continues to evolve, the Centers for Disease Control and Prevention (CDC) has once again issued new guidance on August 11, 2022.
The CDC has revised its guidance several times since the start of the pandemic in
Extraordinary Workplace Misconduct: The Case of the Somnambulant Sales Rep
Should an employee who, while at a convention, knocks on a coworker’s hotel room door, enters, then heads to the coworker’s bed wearing nothing but a robe be fired, even if the employee claims to have been sleepwalking at the
Employers, You Don’t Always Have to Call Your Attorney First… Take a Look at the US DOL’s elaws Advisors
As attorneys, of course we are delighted to answer questions from our clients – even basic ones. But the U.S. Department of Labor has provided many free resources for employers to educate them about and help them comply with their