A manager’s involvement in the disciplinary process isn’t necessarily enough to make them a “supervisor” under the National Labor Relations Act, according to a recent NLRB decision.
Continue Reading Your Supervisors May Not Be Who You Think They Are Under the National Labor Relations Act
workforce strategies
For Many, “It’s That Time of Year”: Affirmative Action Plan (AAP) Revision
Many federal contractors and subcontractors use a calendar year for their written affirmative action plans (AAP’s). That means their AAP’s are typically being reviewed and revised shortly after January 1. Working with companies over the years to help them develop and revise AAP’s and advising companies during OFCCP audits, we have come to appreciate the challenges for contractors in the process.
Continue Reading For Many, “It’s That Time of Year”: Affirmative Action Plan (AAP) Revision
OFCCP Proposes Numerical Goals for Employment of Persons with Disabilities
The U.S. Department of Labor Office of Federal Contracts Compliance Programs (OFCCP) has proposed a new rule requiring federal contractors and subcontractors to set a goal to have 7% of their workforce be individuals with disabilities.
Continue Reading OFCCP Proposes Numerical Goals for Employment of Persons with Disabilities
President Obama’s Move to Sidestep the Senate with His Recess Appointments
When the National Labor Relations Board (NLRB) lost its statutory authority to issue rulings because its normally five-person membership fell to two last week, President Obama made three recess appointments sparking a new controversy between Democrats and Republicans.
Continue Reading President Obama’s Move to Sidestep the Senate with His Recess Appointments
NLRB General Counsel’s Advice Memorandum in Schulte Offers a New Twist on the Old Facebook Firing Theme
Just when I started to think that I might have the answers regarding the NLRB’s obsession with social media, the NLRB starts changing the questions. Not that that is always a bad thing. Just ask Schulte, Roth & Zabel.
Continue Reading NLRB General Counsel’s Advice Memorandum in Schulte Offers a New Twist on the Old Facebook Firing Theme
Does Your EPLI Policy Provide A Defense or Coverage for Cases Brought Against You by the EEOC?
If you don’t know the answer to this question with absolute certainty, you had better go back and check your policy. In Cracker Barrel v. Cincinnati Insurance Company, a Tennessee federal court concluded that the employer’s EPLI policy provided neither coverage nor even a defense to a Title VII action brought against it by the EEOC.
Continue Reading Does Your EPLI Policy Provide A Defense or Coverage for Cases Brought Against You by the EEOC?
Clearing the Backlog – September
More and more these days it seems like the obligations of being a lawyer, husband, father, son, sports fan, etc, get in the way of blogging. As a result, I end up accumulating a number of worthwhile topics for blog posts that end up in the discard pile. Twitter helps keep the backlog to a minimum, but I really don’t know how many of you actually follow me @briandhallesq (hint, hint). So, while I am by no means committing to make this a regular feature of Employer Law Report, I will now clear – in no particular order — my backlog for the month:
According to a Wall Street Journal article, a recent lawsuit seeks a declaration from the New York Department of Labor that putting a GPS tracker on an employee’s family car to uncover time sheet violations was a violation of the state constitution’s guarantee against unreasonable searches and seizures. According to the lawsuit, the monitoring continued during evenings, weekends and a family vacation. This won’t turn out well for the employer.
An Ohio appellate court has upheld a physician’s non-compete agreement that prohibited him from engaging in a hematology or oncology practice in his former employer’s "primary service area." This decision continues the Ohio trend of upholding physician non-competes and Ohio courts have repeatedly rejected the argument that covenants are not enforceable against physicians solely because they impair patients’ choice.Continue Reading Clearing the Backlog – September
IRS Offers Amnesty for Independent Contractor Misclassification, But Do Disadvantages Outweigh Advantages?
The Internal Revenue Service (IRS) has developed a new program called the Voluntary Classification Settlement Program (VCSP) that permits taxpayers to voluntarily reclassify workers as employees for federal employment tax purposes.
Continue Reading IRS Offers Amnesty for Independent Contractor Misclassification, But Do Disadvantages Outweigh Advantages?
OFCCP Director Shiu Outlines Agency Objectives
Speaking on July 27 to the Industry Liaison Group’s 29th Annual National Conference to an audience of human resources professionals for the nation’s top companies, the Office of Contract Compliance Director Patricia Shiu emphasized the OFCCP’s top initiatives. She stated that the OFCCP will focus on pay equity and compensation discrimination and affirmative action for military veterans and persons with disabilities. The OFCCP issued proposed rule-making establishing “benchmarks” for recruiting and hiring of veterans in April 2011 and is presently evaluating the comments it received. Shiu characterized those as benchmarks rather than quotas or ceilings.Continue Reading OFCCP Director Shiu Outlines Agency Objectives
NLRB General Counsel Recommends Dismissal of Three Charges Contesting Discipline for Facebook Comments, Finding No Concerted Activity
On July 7 and 19, 2011, the NLRB’s Office of the General Counsel issued a series of three advice memoranda recommending the dismissal of unfair labor practice charges filed by employees who were disciplined for comments made on Facebook. In each of these charges, the employee alleged that their discipline violated Section 8(a)(1) of the National Labor Relations Act, but in each the NLRB’s General Counsel’s Office concluded that there was insufficient evidence that the employee engaged in concerted activity.Continue Reading NLRB General Counsel Recommends Dismissal of Three Charges Contesting Discipline for Facebook Comments, Finding No Concerted Activity