The Worker Adjustment and Retraining Notification Act (“WARN”) generally requires that an employer provide 60 days’ advance notice of a plant closing or mass layoff. 29 U.S.C. § 2101 et seq. (1988). The...
Jul 01, 1995
Employment Discrimination
“Overqualified” is Not Necessarily A Proxy for Age Discrimination
The U.S. Supreme Court has made clear that when an employer makes a decision on the basis of a criterion that is often correlated with age – such as high salary or length of service – as opposed to age itself, the...
Jul 01, 1995
Labor Relations
Union Solicitation Rights–Bulletin Boards
Employers faced with the prospect of union-organizing efforts often ask about the means unions may use to solicit the support of employees, as well as the employer’s right to limit those activities. During union...
Jul 01, 1995
General Employment Issues
Employer Alert: Implied Renewal of Expired Employment Agreement
Employers often assume that when an employee continues to be employed after the expiration of his or her employment agreement, the employee automatically becomes an employee at will, whose employment is terminable at any...
It is well known that the National Labor Relations Act (the “NLRA”) protects the right of employees to engage in union activity. The scope of the NLRA’s protection, however, is far broader; the statute makes...
Jun 01, 1995
Employment Discrimination
Court Reverses Finding of Discrimination in Severance Packages
In the April, 1994 issue of this Newsletter, we reported with skepticism on a novel decision of a federal court in Pennsylvania, in which an employer was found to have violated the Age Discrimination in Employment Act (the...
Employers sued for employment discrimination frequently seek to make use of evidence discovered subsequent to the plaintiff-employee’s termination, showing that the employee engaged in wrongdoing during his or her...
Jan 01, 1995
Employment Discrimination
New York Appellate Court Rejects Challenge to “No-Dating” Policy
As reported in the October, 1992 issue of this Newsletter, an amendment to the New York Labor Law, which took effect on January 1, 1993, makes it unlawful for New York employers to take adverse employment actions against...
It is settled law under the National Labor Relations Act (“NLRA”) that an employer has the right to permanently replace “economic” strikers – employees who strike to support the union’s...
Jan 01, 1995
Employment Discrimination
Courts Remain Divided on Applicability of Title VII to Retaliation Claims by Former Employees
Title VII of the Civil Rights Act of 1964 provides that an employer may not retaliate against any of its “employees” or “applicants for employment” because they have filed a charge under Title VII,...