By Emily C. Lamb and Chelsea Painter*
The Supreme Court issued rulings in more than one case on Monday, June 24, 2013. Rulings were issued in two important employment law cases, Vance v. Ball State University and University of Texas Southwestern Medical Center v. Nassar. These rulings further define “Supervisor” under Title VII and approve ...
By Edwin S., Hopson
On June 14, 2013, the U.S. Court of Appeals for the Fourth Circuit in South Carolina Chamber of Commerce v. NLRB, No. 12-1757 (4th Cir. 2013) became the second federal Court of Appeals to reject the NLRB’s notice posting rule. On May 7, 2013, the U.S. Court of Appeals for the District of Columbia Circuit had also invalidated the ...
The U.S. Supreme Court on June 10, 2013, issued its decision in Oxford Health Plans v. Sutter, 569 U.S. ___, No. 12-135 (2013), holding unanimously that once an arbitrator decides that a contract permits a class arbitration proceeding, the parties are bound by that decision under the Federal Arbitration Act’s very narrow scope of judicial ...
By Sean G. Williamson*
Recently, the Kentucky General Assembly amended the Unemployment Compensation law in several respects.
KRS 341.415(1) outlines the procedures for recovery and subsequent disposition of improperly paid unemployment compensation benefits. Act of Mar. 21, 2013, 2013 Ky. Laws Ch. 45, § 1(1) (HB 102). Unemployment ...
By Erin Frankrone*
It may be illegal to fire employees who complain about supervisors or working conditions on Facebook and other social media sites, as such complaints probably constitute protected concerted activity.
On April 19, 2013, the NLRB decided Design Tech. Group, 359 NLRB No. 96 (2013), and found that employees’ complaints and ...
By Edwin S. Hopson
On May 23, 2013, the Whitehouse announced that the President had again sent the nomination of Lafe Solomon, Acting General Counsel of the National Labor Relations Board, to the Senate, seeking confirmation to a four year term as NLRB General Counsel. Mr. Solomon was first nominated for the job on January 5, 2011, but his ...
By Edwin S. Hopson
On May 22, 2013, the Senate Committee on Health, Education, Labor & Pensions voted to approve the nominations of Mark Pearce, Richard Griffin, Sharon Block, Harry Johnson, and Phillip Miscimarra to be Members of the National Labor Relations Board. The committee vote for Johnson and Misimarra, both Republicans, was 22 to 0 in ...
By Edwin S. Hopson
On May 16, 2013, the U.S. Senate Health, Education, Labor and Pensions Committee voted 12 to 10 along party lines in favor of Thomas Perez’ nomination to be Secretary of Labor.
The committee also on that date held a hearing on the five nominations by President Obama to the National labor Relations Board. A vote by the committee on ...
By Edwin S. Hopson
On May 16, 2013, a panel of the U.S. Court of Appeals for the Third Circuit (in a 2 - 1 decision) in National Labor Relations Board v. New Vista Nursing and Rehabilitation, Nos. 11-3440, 12-1027, and 12-1936 (3rd Cir. 2013), decided that the orders issued by the NLRB in this case could not be enforced because former NLRB Member Craig ...
By Edwin S. Hopson
On May 8, 2013, the U.S. House of Representatives passed the Working Families Flexibility Act of 2013 (H.R. 1406), a law that would amend the Fair Labor Standards Act of 1938 to give employees the opportunity to accrue paid time off or “comp time” for working overtime hours in lieu of receiving overtime pay.
The bill provides ...