The Federal Communications Commission has now repealed its own 2015 "Net Neutrality" regulations. As controversial as this has been, it is just ...
By Sharon Gold
The end of 2017 saw a barrage of sexual harassment allegations in the news and, subsequently, the termination of multiple high profile men in the entertainment and corporate industries. TIME magazine named the “Silence Breakers” as its “Person of the Year” for exposing the harassment that pervades the entertainment ...
Julie R. Pugh & Lee P. Geiger
I am thrilled to be a guest blogger for our esteemed Employee Benefits group! As a Labor and Employment attorney, I work with our Benefits team on a variety of issues, including leave of absence management. Usually, a tax provision would not excite me in the least. However, a tax code that allows for a business credit for ...
By Mitzi Wyrick
In Boeing Co., 365 NLRB No. 154, the National Labor Relations Board (“NLRB”) overturned the standard established in Lutheran Heritage Village-Livonia, 343 NLRB No. 646 (2004) for weighing the legality of employee handbook rules and workplace policies. In Lutheran Heritage Village-Livonia, the NLRB created confusion ...
In PCC Structurals, Inc., 365 NLRB No. 160, the National Labor Relations Board (“NLRB”) clarified the correct standard for determining whether a proposed bargaining unit constitutes an appropriate unit for bargaining when the employer contends that the smallest appropriate unit must include additional employees. The ...
In Raytheon Network Centric Systems, 365 NLRB No. 161, the National Labor Relations Board (“NLRB”) issued a ruling affecting bargaining obligations that are required before implementing a unilateral “change” in employment matters. Until 2016, when the NLRB decided E.I. du Pont de Nemours, 364 NLRB No. 113, the NLRB ...
Last week, the National Labor Relations Board (“NLRB”) issued a number of pro-employer bombshell decisions that will have an immediate effect on union and non-union workplaces. The five member Board – with a recent influx of two pro-GOP appointees – unraveled its recent and much criticized changes to evaluating joint-employment ...
This article was originally published on Commercial Appeal, part of the USA Today Network, as an opinion piece written by Mark Vorder-Bruegge. Click here to view the original publication.
By Stephen Hall
"Adjudication:" a proceeding which leads to a judicial decision
On November 27, 2017, the Supreme Court heard arguments concerning a challenge to the most frequent form of patent challenges before the United States Patent and Trademark Office ("USPTO"), known as inter partes review (“IPR”). The USPTO is a federal agency ...
It all began with Harvey. Last week, Matt Lauer and NBC shared the “spotlight.” This week has been busy, too. Congressman John Conyers resigned on Tuesday and Al Franken announced today he is resigning from the Senate. Will Bob (or Sally) at your company be next to make the news? While your business may not have the notoriety of Hollywood or NBC, it ...
By Donald J. Kelly and H. Carl Horneman
In a yet-to-be published Opinion rendered September 28, 2017, the Kentucky Supreme Court, in a matter of first impression, dealt with whether the Clean Air Act (CAA) preempts state common law tort claims for damages or injunctive relief where harm is alleged to result from air pollutant emissions authorized by ...