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In its seminal decision in NLRB v. J. Weingarten, 420 U.S. 251 (1975), the U.S. Supreme Court, affirming a decision of the National Labor Relations Board (the “NLRB”), ruled that an employer violates the National...
Oct 29, 2001
Employment Discrimination
Ninth Circuit Court of Appeals Narrowly Construes ADA’s “Direct Threat” Defense
Many employers, especially those in safety-sensitive industries, express concern that hiring applicants with certain disabilities could pose hazards in the workplace. The Americans with Disabilities Act (the...
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...
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...
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...
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...
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,...
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...
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...
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,...