By R. Joseph Stennis
Are student-athletes employees of a university or instead just amateur athletes who play sports for their schools? This is the question put forth by a group of current Northwestern University football players who recently announced via representatives their intent to unionize and be recognized as employees under federal ...
By Edwin S. Hopson
Several news outlets, including the New York Times, are reporting that President Obama plans to announce tonight
during his State of the Union address that he plans to sign an executive order requiring that certain workers, including janitors and construction workers, who are employed by federal contractors be paid at least ...
By Edwin S. Hopson
On January 24, 2014, the U.S. Department of Labor’s Bureau of Labor Statistics (BLS) released 2013 data on union membership in both the private and public sectors.
The statistics are virtually unchanged from 2012. In 2013, BLS reported that the union membership rate overall was 11.3%, just as it was in 2012. The number of ...
by Michael D. Hornback
On January 14, 2014, the U.S. Court of Appeals for the Sixth Circuit reversed a grant of summary judgment in favor of the employer, finding that a jury should determine whether the lateral transfer of an employee constituted an adverse employment action.
The Plaintiff, Robert Deleon, is a 53 year old Hispanic male ...
By Edwin S. Hopson
The U.S. Supreme Court heard oral arguments in NLRB v. Noel Canning earlier this week. This case, involved the recess appointment of three members to the National Labor Relations Board in early January 2102 by President Obama. The several issues to be resolved, as specified by the High Court are:
“1. Whether the President's ...
By Edwin S. Hopson
It is that time of year again!
Most employers, with some exceptions (such as those with 10 or fewer employees during all of the previous year), must post their OSHA 300 log from February 1, 2014 to April 30, 2014 "in each establishment in a conspicuous place or places where notices to employees are customarily posted. You must ensure ...
By Edwin S. Hopson
Previously, the U.S. Court of Appeals for the D.C. Circuit in National Association of Manufacturers et al. v. National Labor Relations Board, et al., __ F.3d __, Civil Nos. 12-5068, 12-5138 (D.C. Cir. 2013), had invalidated the NLRB’s regulation issued in 2011 requiring all employers (whether they had a union or not) subject to ...
By Edwin S. Hopson
The U.S. Department of Labor’s Occupational Safety and Health Administration recently announced that whistleblowers covered by any one of 22 statutes administered by OSHA can now file complaints with the agency online.
"The ability of workers to speak out and exercise their rights without fear of retaliation provides the ...
By Edwin S. Hopson
The U.S. Court of Appeals for the Fifth Circuit in a split decison in D.H. Horton v. NLRB, No. 12-60031, decided December 3, 2013, rejected the NLRB’s ruling that an agreement between employees and Horton requiring arbitration and prohibiting class or collective actions in arbitration was a violation of the National labor ...
By Edwin S. Hopson
On November 15, 2013, the U.S. Court of Appeals for the 11th Circuit in Ambassador Services v. NLRB, No. 12-15124, rejected the employer’s argument that the NLRB lacked authority to issue the decision in its case because recess appointments to the Board made by President Obama in January 2012 were invalid. The per curiam decision ...