Negative Comments About an Employer May Still Be Protected
October 24, 2011
In <i>MasTec Advanced Technologies</i>, the NLRB found that the criticism expressed by employees was concerted activity and thus protected activity under the National Labor Relations Act. Consequently, the employer's termination of the employees was deemed unlawful.
NLRB Issues Final Rule on Informing Employees of Their Rights Under the NLRA
October 24, 2011
On Nov. 14, 2011, the final rule issued by the NLRB, entitled Notification of Employee Rights under the National Labor Relations Act, was scheduled to become effective. Due to resistance and apparent confusion surrounding its new employee rights notice-posting rule, the NLRB pushed back the rule's effective date by more than two months.
The Domestic Industry Requirement at the ITC
September 28, 2011
The domestic industry requirement at the International Trade Commission has two prongs, one economic and the other technical. Two recent decisions of the ITC examine the economic prong in different factual contexts.
Early Dismissal Strategies When Dealing with a Dishonest Plaintiff
September 26, 2011
While there sometimes is nothing that can be done about a dishonest plaintiff other than to attack his/her credibility in front of a jury, it is critical to ensure that all early dismissal strategies are explored before reaching the dispositive motion stage of case.
Lost Wages Claims for Undocumented Workers in NY
September 26, 2011
The law on recovery of lost wages by undocumented workers injured in accidents at construction sites in New York is gradually evolving. In the landmark decision <i>Balbuena v. IDR Realty LLC</i>, New York's Court of Appeal held that such wage claims are generally permissible. However, there were issues raised that are now being addressed in more detail by the courts.
NLRB Rejects Employer's Attempt to Limit Rights Under the NLRA
September 26, 2011
On June 2, 2011, an NLRB Administrative Law Judge (ALJ) found that parts supplier Supply Technologies, LLC unlawfully required employees to sign up for a comprehensive grievance and arbitration system that would eliminate their rights under the NLRA ' and then discharged 20 employees when they refused to do so.
Social Media Policies in the Workplace
September 26, 2011
It is a long-standing Federal law that employers are not permitted to restrict employees' rights to unionize, bargain collectively and, generally, discuss the terms and conditions of their employment. These rights apply to social media and the Internet in general. So how does an employer craft a policy to navigate through these laws yet accomplish their company goals?
The Uncertain World for Individual Chapter 11 Debtors
August 29, 2011
Recent cases have made the reorganizations of individual Chapter 11s in some jurisdictions as difficult as prior to the BAPCPA. This article discusses the major uncertainties that currently exist in these types of cases.
Connecticut Becomes First State to Require Paid Sick Leave
August 29, 2011
Connecticut will became the first state to require paid sick leave when its new law takes effect Jan. 1, 2012. The new paid sick leave law for service workers could create a host of thorny compliance issues for employment lawyers.
The Final Regulations to the ADA Amendments Act
August 29, 2011
On March 24, 2011, the EEOC issued the final regulations to the ADAAA. The new regulations replace the ADA's prior high level of scrutiny with a standard in favor of broad coverage for individuals seeking protection under the Act.
