By Edwin S. Hopson
The U.S. Court of Appeals for the Sixth Circuit in EEOC v. Peoplemark, ___ F3rd ___, No. 11-2582 (2013) recently affirmed a judgment against the U.S. Equal Employment Opportunity Commission in the sum of $751,942 for attorney fees and costs sought by Peoplemark, which claimed that EEOC’s action brought against it was ...
By George J. Miller
On November 7, 2013, OSHA issued a proposed regulation that would significantly amend the regulation regarding the annual OSHA injury and illness survey.
The most significant aspect of the proposed change is a provision stating that OSHA intends to make the data it collects public, subject to restrictions imposed by the Freedom ...
By Edwin S. Hopson
The U.S. Supreme Court has set oral arguments in NLRB v. Noel Canning for January 13, 2014. This case, involving the recess appointment of three members to the National Labor Relations Board in early January 2102 by President Obama, has several issues to be resolved, as specified by the High Court:
“1. Whether the President's ...
By Edwin S. Hopson
On November 4, 2013, Richard Griffin, Jr. was sworn in as NLRB General Counsel. His term will be for four years. Griffin had served on the NLRB as a Board Member, having been recess appointed by President Obama in early January 2012. His appointment, along with another recess appointee, was attacked as invalid. The Supreme Court ...
By Edwin S. Hopson
After a successful cloture vote on October 29, 2013, the Senate conducted a roll call vote on the nomination of Richard Griffin, Jr. to be General Counsel at the National Labor Relations Board. He was confirmed by a vote of 55 to 44. Once sworn in, Griffin will take over from Lafe Solomon who has been Acting General Counsel since June ...
By Edwin S. Hopson
On October 29, 2013, the Senate, in a vote of 62 to 37, invoked cloture on the nomination of Richard Griffin, Jr., to be General Counsel of the National Labor Relations Board. This vote clears the way for his confirmation since clearly a majority of Senators favor his appointment.
By Edwin S. Hopson
The Kentucky Labor Cabinet has issued a reminder to all Kentucky employers that by December 1, 2013, all employees who could be exposed to chemicals in the workplace are required by law to be trained on the label elements and safety data sheet format of the Globally Harmonized System of Classification and Labeling of Chemicals.
By Edwin S. Hopson
Senate Majority Leader, Harry Reid, has placed the nomination of Richard Griffin, Jr. to be General Counsel of the National Labor Relations Board on the Senate’s Executive Calendar for October 28, 2013, at which time there will be up to one hour of debate, equally divided, on the nomination. His nomination was previously ...
By James A. Nitsche
The Supreme Court has announced that it will review a decision of the Sixth Circuit Court of Appeals that payments made by a company to employees pursuant to a severance plan were not “wages” subject to Federal Insurance Contribution Act (“FICA”) taxes.
In the Sixth Circuit case, In Re Quality Stores, Inc., 693 F2d 605 (6th
By Michael D. Hornback
The U.S. Court of Appeals for the Sixth Circuit has dismissed a former employee’s Family Medical Leave Act (“FMLA”) interference claim because the employee failed to utilize her former employer’s call-in procedure related to absences.
In Ritenour v. State of Tennessee Department of Human Services, 497 Fed. Appx ...