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Employment Law Blog

March 27, 2020

As part of the $2 trillion pandemic stimulus Coronavirus Aid, Relief and Economic Security Act (CARES Act) expected to be passed and signed in to law today, there are loan opportunities for “mid-sized” businesses and not for profit organizations with between 500 and 10,000 employees.

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February 19, 2020

The Fifth Circuit recently affirmed summary judgment against an employee caught sleeping at his desk. A personnel manager for a security company suffered from Type II diabetes and had previously requested and received reasonable accommodations, but none involved the employee’s potential loss of consciousness due to diabetes.

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January 9, 2020

The National Labor Relations Board held that an employer has no obligation to continue deducting union dues from employee paychecks pursuant to a dues checkoff provision in a collective bargaining agreement (CBA) after the CBA expires.

The NLRB overruled Lincoln Lutheran of Racine, 362 NLRB 1655 (2015), in which the Board held an employer continues to have an obligation to deduct union dues from employee paychecks despite the expiration of a CBA containing a dues checkoff provision on which the deductions were based.

Today's decision overturns Lincoln Lutheran of Racine, 362 NLRB 1655 (2015), and returns Board precedent to the rule established under Bethlehem Steel, 136 NLRB 1500 (1962).

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December 18, 2019

As we are in the midst of the holiday season, it is a good time for employers to review their policies and take preventative measures to ensure festivities do not get out of hand at office holiday parties. The dangers of blurring the lines between professional conduct and holiday celebrations was demonstrated in a recent case out of the United States District Court for the Eastern District of California.

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December 11, 2019

In a recent decision, the National Labor Relations Board (NLRB) concluded that the National Captioning Institute, Inc. (NCI) engaged in unlawful surveillance of their employees’ private Facebook group dedicated to discussions about unionization. The employer repeatedly solicited and received reports from an employee about the group’s membership and messages posted on the group’s Facebook page.

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December 6, 2019

In a very union-resistant state, one small group of workers within a large company voted to organize despite the opposition of the larger population of workers who overwhelmingly rejected the union in 2017. When the flight-readiness technicians employed at Boeing's South Carolina plant voted to join the International Association of Machinists and Aerospace Workers (IAM), it became a fight of national significance. In the latest reversal of an Obama-era precedent, a divided National Labor Relations Board (NLRB) invalidated a petitioned-for “micro-unit” at the North Charleston Boeing plant.

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October 16, 2019

On October 16, Senators Chris Murphy (D-Conn.) and Todd Young (R-Ind.) introduced a bill that would limit the use of non-compete agreements by employers. The bill, according to Senator Young, would “empower our workers and entrepreneurs so they can freely apply their talents where their skills are in greatest demand.”

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April 28, 2019

In April 2019, New York state lawmakers expanded protections for victims of sexual harassment in the workplace. In May, New York city Mayor, Bill de Blasio followed suit by signing the Stop Sexual Harassment in NYC Act, which was a package of bills aimed at addressing and preventing sexual harassment on the job and imposes additional requirements on top of the existing New York State Laws.

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