On August 27, 2015, the National Labor Relations Board (NLRB) issued its anticipated decision in Browning-Ferris Industries, Case 32-RC-109684, significantly expanding its standard for assessing joint-employer status for private-sector entities. The National Labor Relations Act (NLRA) governs labor relations between private sector employers sufficiently engaged in interstate commerce and their employees. Under the NLRA, a [...]
The National Labor Relations Board (NLRB) has the obligation to enforce the National Labor Relations Act (NLRA). The NLRB’s General Counsel is statutorily responsible for prosecuting unfair labor practice charges before the NLRB. Thus, NLRB’s General Counsel files all unfair labor practice complaints before the NLRB. Under the NLRA, the General Counsel must be appointed [...]
On August 17, 2015, the National Labor Relations Board (NLRB) declined to exercise jurisdiction over the College Athletes Players Association’s (CAPA’s) petition to allow football players at Northwestern University to form a union. The organizing players sought guaranteed coverage of sports-related medical expenses for former and current athletes, sponsorship compensation, and the establishment of a [...]
The BWC Switches to Prospective Billing For the last several years, the Bureau of Workers’ Compensation has collected employers’ premium payments after the coverage period. The BWC switched to prospective billing on July 1, 2015 for public employers and on January 1, 2016, it will make the switch for private employers. In other words, the [...]
On April 29, 2015, the U.S. Supreme Court decided the case of Mach Mining v. Equal Employment Opportunity Commission, unanimously holding that courts may review whether the Equal Employment Opportunity Commission (EEOC) has fulfilled its statutory duty to conciliate discrimination allegations. However, the power to review is narrow. A court may act as a factfinder [...]
OSHA: The Occupational Safety and Health Administration (OSHA) recently released new “best practices” guidance regarding restroom access for transgender employees. Citing potential psychological harm to employees not able to use restrooms corresponding with their gender identity, and potential negative health effects of not using workplace restrooms at all, OSHA recommends employers allow employees to use [...]
On March 18, 2015, National Labor Relations Board (“NLRB”) General Counsel Richard Griffin issued a report concerning the employee handbook provisions under the National Labor Relations Act (“NLRA”). His agency investigates and remedies violations of the NLRA, a federal law that governs labor relations in many private companies. Under Section 7 of the Act, employees [...]
FHKA recently received a favorable decision from the U.S. Court of Appeals for the 6th Circuit upholding the dismissal of sex and national origin discrimination claims. In Voltz v. Erie County, Mr. Voltz, a Hispanic male, was promoted over female applicants to the position of Director of the County Department of Job and Family Services. [...]
Beginning in 2012, an unknown number of employees of Atlas Logistics began defecating in Atlas' Warehouse. The defecations occurred numerous times and necessitated the destruction of grocery products on at least one occasion. Atlas subjected two employees to DNA testing to determine if they were the culprits. Neither was the mystery pooper. On May 5, [...]
To establish entitlement to a Violation of a Specific Safety Regulation (“VSSR) award, a Workers’ Compensation claimant must show that there is a specific safety rule (“SSR”) applicable to the employer, that the employer violated that SSR, and that the violation caused the injury. The Supreme Court of Ohio recently held that a one-time failure [...]