Employment Law Report

By George J. Miller

Today, in a 5-4 decision, the U.S. Supreme Court held in Harris v Quinn, 573 U.S. ___ (2014) that it is a violation of the First Amendment for a group of home health care providers (personal assistants or PAs) working in the State of Illinois’ Medicaid program to be required to pay an “agency fee” to a union (the Service ...

By Edwin S. Hopson

On June 26, 2014, the U.S. Supreme Court in NLRB v. Noel Canning et al., 573 U.S. ___ (2014), held in a unanimous decision that President Obama’s purported recess appointment of three members (Richard Griffin, Sharon Block and Terence Flynn) to the National Labor Relations Board in January 2012 was invalid. The opinion written ...

By Mitzi D. Wyrick

In Creech, Inc. v. Brown, et al, 2012-SC-000651 (Ky. 2014) rendered June 19, 2014, the Kentucky Supreme Court altered the landscape for employers who have covenants not to compete signed by their employees. The employer, Creech, Inc. (“Creech”), provided hay and straw to farms. In 2006, after Donald Brown (“Brown” ...

By Edwin S. Hopson

In early June 2014, a National Labor Relations Board Administrative Law Judge (ALJ) in Professional Electrical Contractors of Connecticut, Case No. 34-CA-071532, ruled that a number of handbook provisions violated the National Labor Relations Act. The handbook applied to employees who largely worked in the field on ...