Labor & Employment News Alert

Reminder: Employees Can Discuss Salary and the Terms and Conditions of Employment With Each Other.

January 14, 2019

Even lawyers can get it wrong. The National Labor Relations Board (“NLRB”) recently reached a settlement agreement with the law firm Goldberg Segalla regarding allegations that the law firm forced employees to sign a “confidentiality agreement” that made discussing the terms and conditions of employment a terminable offense (Case No. 02-CA-220607).

The NLRB, though, barred the confidentiality…

There's still time to register for the Labor & Employment Seminar on January 25!

January 8, 2019

Learn about the latest changes in labor and employment law at the upcoming Labor & Employment Seminar on January 25, 2019 at the Tropicana Conference Center. Our topics focus on new trends in employment and labor law and include an outlook for the 2019 Indiana Legislative Session. Continuing Legal Education (CLE) credits are pending. Download the invitation here. 

An Early Look at Federal Labor and Employment Law Developments in 2019

January 7, 2019

Since we just turned the page on 2018, it is time to focus on what labor and employment law developments may be in store for employers in 2019.  This post highlights several labor and employment regulatory and case law developments that may come to fruition this year.

1. The U.S. Equal Employment Opportunity Commission (EEOC) is scheduled to release a new proposal in June regarding how employers…

The Latest Edition of the JK Defense Newsletter and an Upcoming Free Seminar

December 12, 2018

Learn about the latest changes in labor and employment law in the attached JK Defense Newsletter and an upcoming Labor & Employment Seminar on January 25, 2019 at the Tropicana Conference Center. Our topics focus on new trends in employment and labor law and include an outlook for the 2019 Indiana Legislative Session. Continuing Legal Education (CLE) credits are pending. Download the invitation …

One Court Declines to Find Retroactive Liability Against Public-Sector Unions in the Wake of Janus

December 10, 2018

This past summer saw a significant upheaval in the area of public-sector labor law with the United States Supreme Court ruling in Janus v. American Federation of State, County, and Municipal Employees, Council 31, which held that agency fees could not be automatically deducted from an employee’s pay unless that employee affirmatively consents to the payment. (You can read more on the Janus …

There's still time to register! Attend the Employment Law Seminar: Trends in WV Employment, Labor and Benefits Law

October 11, 2018

NLRB’s Proposed Rulemaking on the Joint Employer Standard

October 1, 2018

Attend the Employment Law Seminar: Trends in WV Employment, Labor and Benefits Law

September 26, 2018

Download invitation here
 

Employment Handbook Rules Post-Boeing

September 25, 2018

On June 6, 2018, following the NLRB’s decision on The Boeing Company, 365 NLRB No. 154 (Dec. 14, 2017), NLRB General Counsel Peter Robb issued a Guidance Memorandum (18-04) on how NLRB Regional Offices should interpret workplace rules. Boeing’s new standard strikes a balance between an employers’ right to govern its workplace and an employees’ right to exercise their Section 7 rights. When…

Takeaways From the NFL National Anthem Controversy for Unionized Employers

July 31, 2018

This past May, the National Football League (“NFL”) unilaterally announced a change to its National Anthem policy, following a divisive 2017 season that saw players engaging in protests, plummeting television ratings, and negative publicity, including criticism from President Donald Trump. This change in policy required all players on the field to stand at attention while the anthem is played,…

U.S. Supreme Court Rules Against Union in Public Employee Fees Dispute

July 3, 2018

On June 27, 2018, the Supreme Court of the United States ruled against public-sector unions by deciding that “agency fees”—payments made to the union by workers who are not union members that cover the costs of collective bargaining—are violative of First Amendment. You can read the opinion, Janus v. American Federation of State, County, and Municipal Employees, Council 31, here.

 In ruling…

Federal Court Grants Summary Judgment in FMLA Case of First Impression in West Virginia

April 30, 2018

On April 10, 2018, Judge Thomas E. Johnston of the U.S. District Court for the Southern District for West Virginia granted summary judgment to Frontier West Virginia Inc. (Frontier) in a case brought under the Family and Medical Leave Act (FMLA) by a former employee (the plaintiff).  Specifically, the plaintiff alleged that Frontier interfered with his FMLA rights by denying him requested leave…