By Michael J. Lotito
The National Labor Relations Board has scheduled at least two public meetings to address the controversial re-proposal of a rule that would make significant amendments to the union representation election process.
After the so-called “ambush” election rule was first proposed in June 2011, the NLRB similarly held a series of contentious public meetings, during which a number of speakers voiced their concerns about the rule’s repercussions. History is expected to repeat itself on April 10 and 11, when the new meetings are scheduled. Read more…
By Eric B. Meyer
Those four-letter federal employment statutes — FMLA and FLSA — can be a real pain in the rear, am I right?
Today’s let’s focus on a major employer pitfall: intermittent leave under the Family and Medical Leave Act.
The FMLA regulations define intermittent leave this way: Read more…
By Melissa L. McDonagh
For several years, nurses’ unions have lobbied, with varying success, for legislation implementing nurse-patient ratios.
The nurses’ unions contend that lower patient-to-nurse ratios improve quality patient care and decrease the mortality rate. While Medicare regulations require hospitals to maintain “an adequate number of licensed registered nurses, licensed practical nurses (LPN), and other personnel to provide nursing care to all patients as needed,” the ambiguous language regarding what is considered “adequate” has essentially left it to the states to regulate staffing. Read more…
By Eric B. Meyer
Let’s assume that you run a factory in which employees are scheduled on one of two shifts: (1) 6:00 AM – 6:00 PM; or (2) 6:00 PM to 6:00 AM.
One of your employees comes to you with a doctor’s note which states that working the graveyard shift will cause the employee to suffer migraine headaches and insomnia.
The Americans with Disabilities Act requires that employers accommodate employees with disabilities if doing so will allow the employee to perform the essential functions of her job without creating undue hardship for the employer. One way in which an employer can reasonably accommodate an employee is through schedule adjustment or shift change. Read more…
By Howard Mavity
Warehouses and distribution centers (DC’s) are not the Occupational Safety and Health Administration’s most frequently inspected workplaces and do not present the complex compliance issues presented by some manufacturers or refineries.
But that does not mean that a OSHA inspection will not result in citations and dangerous Repeat exposure, or costly abatement actions. Distribution centers are a great example of employers who may not realize that OSHA’s evolving enforcement positions have upped their legal exposure and may catch them out of compliance. Read more…
It’s not easy to keep up with the legal trends in employment background screening.
One of those trends is the recent wave of lawsuits being filed against employers for violations of the Fair Credit Reporting Act (FCRA).
The FCRA is a federal consumer protection statute that regulates the screening process. It’s not a new law, but the explosion of litigation and the increased scrutiny of employment background checks is new, and should be on every employer’s radar. Read more…
Whole Foods Market was just inducted into a growing club where no one wants to be a member.
The giant food retailer is the latest target of a class action lawsuit for alleged violations of the Fair Credit Reporting Act.
Whole Foods is in good company, joining other reluctant club “members”—national companies like Disney, Domino’s Pizza, CVS, K-Mart. One of the big trends we are following in 2014 is the deluge of FCRA-related employment background screening lawsuits. This week the trend continues. Read more…
Are you asking your employees to work overtime? Thinking of changing some supervisors over to salaried pay? Deciding whether to take on a few student interns over spring break or the summer?
All of these decisions carry potential wage-and-hour law implications.
Please join Mark Neuberger and Larry Perlman, employment attorneys at Foley & Lardner LLP, for a one-hour webinar on Wednesday, February 12, at 11:00 a.m. Pacific time (2 Eastern).
Register here: https://cc.readytalk.com/r/fj1suvd8hja8&eom
Can’t attend? No problem! Sign up and receive a recording to view at a time that is more convenient for you!
By Ilyse Wolens Schuman and Michael J. Lotito
As expected, the National Labor Relations Board has re-issued its proposed rule that would dramatically change and expedite the union representation election process.
According to the NLRB, the proposed changes to the process “are identical to the representation procedure changes first proposed in June of 2011.”
Notably, the Board has chosen to re-propose the original “ambush” election rule, and not the scaled-back version it issued in December of that year, which a federal district court eventually invalidated because the NLRB lacked a valid quorum at the time of approval. Read more…
By Alice Wang
With dynamic soaring towers, elaborate bright lights, and heart warming traditional customs, Hong Kong’s enigmatic economic and business climate serves as a financial capital for all industries, companies, and firms.
Indeed, Hong Kong is a pivotal financial center of Greater Asia! As a former British Crown colony, Hong Kong truly embodies the best of the East and the best of the West. Read more…