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Insights

Oct 15, 2001 General Employment Issues

Ninth Circuit Establishes Employer’s Notice Obligations Under the FMLA

By decision dated September 6, 2001, the Honorable John G. Koetl of the Southern District of New York joined numerous other federal courts in refusing to enforce certain Department of Labor (“DOL”) regulations...
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Oct 15, 2001 Labor Relations

NLRB General Counsel Issues New “Three Strike” Rule On Discriminatory Enforcement Of No Solicitation Rules

In the wake of the tragic events of September 11, many employees and charitable groups have engaged in fundraising activities in workplaces throughout the country. Responding to employer concerns that permitting this activity...
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Sep 15, 2001 Labor Relations

Second Circuit Affirms NLRB Ruling That Discipline Based on Employee Objections to Policy Changes Was Unlawful

The National Labor Relations Act (the “NLRA”) protects the right of employees to engage in union activity. The scope of NLRA’s protections are far broader, however; Section 7 of the statute makes it an unfair...
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Sep 14, 2001 General Employment Issues

Employer’s Failure to Designate Short-Term Disability Leave as FMLA Leave Does Not Entitle Employee to Additional Time Off

y decision dated September 6, 2001, the Honorable John G. Koetl of the Southern District of New York joined numerous other federal courts in refusing to enforce certain Department of Labor (“DOL”) regulations...
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Aug 15, 2001 Employment Discrimination

Employee’s Inability to Use A Computer Keyboard Not a "Disability" Under The Americans With Disabilities

A key issue in many cases brought under the Americans with Disabilities Act (the “ADA”), 42 U.S.C. § 12101 et seq., is whether the plaintiff is “disabled” within the meaning of the statute. Recently,...
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Aug 15, 2001 Labor Relations

Fourth Circuit Rules Web Site Employees Cannot Accrete to Unit of Other Newspaper Employees

Ordinarily, the National Labor Relations Board (the “NLRB” or the “Board”) defines the size and scope of a potential bargaining unit in a representation proceeding and then orders an election in which...
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Aug 15, 2001 Labor Relations

NLRB Rejects Challenge to Joint Labor-Management Committee

Section 8(a)(2) of the National Labor Relations Act (the “NLRA” or the “Act”) makes it unlawful for an employer to dominate or support any labor organization. This provision was originally intended to...
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Jul 05, 2001 Labor Relations

Court Affirms Unfair Labor Practice Finding Based On Anti-Union Retaliation Against Supervisor

The National Labor Relations Act (“NLRA”) protects the right of employees to engage in union activity, and prohibits discrimination or retaliation against employees who exercise that right. The NLRA, however,...
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Jul 01, 2001 Employment Discrimination

A Comparison of the Definition of “Disability” in the Americans With Disabilities Act, The New York State Human Rights Law, and The New York City Human Rights Law

PRESENTED BY DENNIS A. LALLI TO THE EMPLOYMENT LAW LITIGATION INSTITUTE, ST. JOHN’S UNIVERSITY SCHOOL OF LAW, JAMAICA, NEW YORK MAY 11 – 12, 2001 A. Introduction We are all accustomed to the notion that a...
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Jun 12, 2001 Employment Discrimination

Second Circuit Rules Employee Cannot Recover for Harassment of Others

In order for a hostile work environment to be actionable, it must be sufficiently severe or pervasive to alter the terms and conditions of the plaintiff’s employment. The U.S. Court of Appeals for the Second Circuit...
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