Employment Law Report

By Edwin S. Hopson

On June 20, 2011, the U.S. Department of Labor issued a press release in which it announced a proposed rule to revise the interpretation of "advice" as it pertains to the employer and labor relations consultant persuader reporting requirements under Section 203 of the Labor-Management Reporting and Disclosure Act of 1959 ...

By Edwin S. Hopson

On June 21, 2011, the National Labor Relations Board, with Member Hayes dissenting, proposed changes in its representation election procedures.  The stated purpose is “to reduce unnecessary litigation, streamline pre- and post-election procedures, and facilitate the use of electronic communications and document ...

By George J. Miller

On June 20, 2011, in addressing what Justice Antonin Scaliacalled, "one of the most expansive class actions ever," the U.S. Supreme Court issued its much anticipated decision in Wal-Mart Stores, Inc. v. Dukes. The Court held that the lower federal courts had improperly certified the case--filed by just three current ...

By Glen M. Krebs

On May 26, 2011, the U.S.Supreme Court in Chamber of Commerce of the United States of America v. Whiting, 563 U.S. ____ (2011) upheld the Legal Arizona Workers Act.  This case does not involve the (in)famous SB 1070 Arizona law which requires police to check the immigration status of individuals in certain circumstances (several ...

By Glen M. Krebs

If you have questions about completing or storing I-9 forms you can now go to a USCIS website to find answers.  On May 13, 2011 the USCIS launched ‘I-9 Central,’ at www.uscis.gov/i-9central.  I-9 Central includes sections about employer and employee rights and responsibilities, step-by-step instructions for completing the ...