NLRB reversed again due to ‘invalid’ Obama recess appointment 
Published: May 17, 2013
Tags: National Labor Relations Board, NLRB, recess appointments
A second federal appeals court has ruled that an order issued by the National Labor Relations Board cannot be enforced because of an “invalid” recess appointment by President Barack Obama.
Court reverses itself in striking $3.5M punitive award against Chrysler
Published: May 16, 2013
Tags: hostile environment, punitive damages, race discrimination, religious discrimination, Title VII
A Chrysler employee failed to produce sufficient evidence of malice or recklessness to justify a substantial award of punitive damages in a Title VII hostile environment case, the 7th U.S. Circuit Court of Appeals has ruled.
ERISA doesn’t completely preempt suit over pension rights
Published: May 15, 2013
Tags: breach of contract, ERISA, preemption, supplemental executive retirement plan
A tortious interference suit over contractual obligations arising under a pension plan was not completely preempted by ERISA, the 6th U.S. Circuit Court of Appeals has ruled in reversing a dismissal.
Employer didn’t violate ADA by demanding mental exam
Published: May 14, 2013
Tags: ADA, AMERICANS WITH DISABILITIES ACT, medical examination, mental fitness exam
An employer didn’t violate the Americans with Disabilities Act when it required an employee to undergo a mental examination after he made threatening comments at work, the 11th U.S. Circuit Court of Appeals has ruled in affirming judgment.
Benchmarks: Coca-Cola could require employee to undergo mental exam
By:
Pat Murphy
Published: May 13, 2013
Tags: ADA, AMERICANS WITH DISABILITIES ACT, medical exam, mental examination, workplace safety
A federal court of appeals has decided that Coca-Cola didn’t violate the Americans with Disabilities Act when it required an employee to undergo a psychiatric fitness-for-duty evaluation.
Lawmakers renew bid to ban mandatory arbitration
Published: May 10, 2013
Tags: arbitration, Arbitration Fairness Act, consumer protection
Senator Al Franken, D-Minn., has reintroduced a bill that would prohibit the enforcement of mandatory arbitration clauses against employees and consumers.
Employer couldn’t block ‘inevitable disclosure’ of trade secrets
Published: May 9, 2013
Tags: confidentiality agreements, inevitable disclosure doctrine, noncompete, trade secrets
An employer could not bring a stand-alone claim for inevitable disclosure of trade secrets against a former executive who went to work for a competitor, the Georgia Supreme Court has ruled in reversing judgment.
Employers brace for in-person investigations over family and medical leave
By:
Sylvia Hsieh
Published: May 9, 2013
Tags: Department of Labor, Diane Dawson, Disability Management Employer Coalition, DOL, Family Medical Leave Act, FMLA
All in attendance sat up and took notice when midway through a three-day conference on employment compliance, a branch chief of the U.S. Department of Labor’s enforcement division said that the agency expects to increase on-site investigations into whether companies are complying with the Family and Medical Leave Act.
Circuit court strikes down NLRB notice posting rule
By:
Kimberly Atkins
Published: May 8, 2013
Tags: DC Circuit, First Amendment, labor law, National Labor Relations Act, National Labor Relations Board, NLRB, notice posting rule
WASHINGTON – A federal appellate court has struck down the National Labor Relations Board’s controversial notice posting rule, the latest in a series of blows to the agency that has been mired in legal controversy.
NLRB advice on confidential investigations has lawyers reading tea leaves
By:
Kimberly Atkins
Published: May 8, 2013
Tags: confidentiality, federal agencies, National Labor Relations Act, NLRB
WASHINGTON – The employment bar was roiled last year when the National Labor Relations Board ruled that a company policy requiring employees to keep interviews related to internal investigations confidential violated federal labor law.
But since then, the agency has been informally placing limits on that holding by issuing advice memoranda suggesting that companies can make reasonable case-by-case judgments about whether confidentiality is necessary — and attorneys have been eyeing them closely for guidance on how to advise clients.
