In most situations the NLRB’s long established Weingarten doctrine can be applied in a fairly straight-forward fashion. But I still get questions regarding the interplay of drug and alcohol testing when it comes to Weingarten. This is probably due to
Latest from Labor Relations Law Insider - Page 11
New OSHA Retaliation and Workplace Injury Rules Delayed for Second Time
On Tuesday, October 18, the Occupational Safety and Health Administration announced that it will once again postpone the enforcement date of the “employee involvement” provisions of its new rule on drug-testing, retaliation claims, and accident reporting, entitled “Improve Tracking of
Second Circuit Reluctantly Maintains Status Quo on Class Waiver Provisions, But Hints at Future Change in Law
On September 2, the Second Circuit Court of Appeals issued its decision in Patterson v. Raymour’s Furniture Co., the most recent case in what has become an all-out war between employers and the NLRB over the use of class-waiver provisions
Nerds Win, Jocks Lose
Once again I shake my head at the NLRB’s analysis in their application of the National Labor Relations Act. In the high profile Northwestern University case which issued in August of last year, the Board found that it would not
Fifth Circuit Makes it Easier for Plaintiffs to Defeat Summary Judgments
In a recent decision, Heinsohn v. Carabin & Shaw, the Fifth Circuit found that an employee’s “self-serving” testimony created a material fact question. The Court also included language that should be of concern for employers when seeking summary judgment.
In
Employer Options Under the New DOL Regulations
Executive, Professional and Administrative employees are exempt from overtime requirements if they meet three tests: the salary level test; the salary basis test; and the duties test. As I am sure you have heard, new overtime regulations raise the required annual
Seventh Circuit Creates D.R. Horton Split, While Eighth Circuit Maintains Prior Position
On May 26, the Seventh Circuit Court of Appeals issued its decision in Lewis v. Epic Systems Corporation, another case evaluating the NLRB’s position that class-waiver provisions in arbitration agreements violate the National Labor Relations Act. However, unlike any other
D.C. Circuit Strikes Down NLRB Duty to Bargain Requirement
In an unpublished decision, which issued on May 3, 2016, the United States Court of Appeals for the District of Columbia made it clear that there was a “fundamental and long-running disagreement” between the Court and the Board as
Union Avoidance Consultants Under Attack
On March 23, the Department of Labor released the final version of its controversial and expansive rule that changes the disclosure requirements for labor relations consultants who aid employers with their union avoidance measures.
What Does That Mean to Employers?
DOL Gets Slammed by DC Circuit Over Davis-Bacon Application
As you may recall, The Davis-Bacon Act applies to contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration, or repair of public buildings or public works. This week, The United States Court