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By Edwin S. Hopson

On January 23, 2013, the U.S. Bureau of Labor Statistics (BLS) reported that in 2012, the union membership rate again dropped over prior year levels.

According to BLS, the overall percent of wage and salary workers who were members of a union was 11.3% as compared to 11.8% in 2011.  The total number of persons holding union ...

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, 2013 to April 30, 2013 "in each establishment in a conspicuous place or places where notices to employees are customarily posted. You must ensure ...

By Leila G. O'Carra

Take a look at my article on "Religious Employers Challenge ACA Mandate" which was published in Business Lexington's on-line weekly email today:

http://bizlex.com/2013/01/religious-employers-challenge-the-acas-preventive-care-mandate/

By Edwin S. Hopson

On January 11, 2013, NLRB Acting General Counsel Lafe Solomon released a summary of activities for the Fiscal Year 2012. The following statistics are some that Solomon highlighted on the NLRB’s website:

  • Initial elections in union representation elections were conducted in a median of 38 days from the filing of the petition.

By Edwin S. Hopson 

On January 9, 2013, U.S. Secretary of Labor Hilda L. Solis submitted her resignation to President Obama.  She is apparently returning to private life in California.  In a press release on the Labor Department’s website, she is reported to have stated, in part: “Growing up in a large Mexican-American family in La Puente ...

By Edwin S. Hopson

The National Labor Relations Board on December 15, 2012, issued its decision in American Baptist Homes of the West, d/b/a Piedmont Gardens, 359 NLRB No. 46 (2012), ruling that, in determining whether an employer must provide witness statements to a union representing an employee who has been disciplined based on ...

by Leila G. O’Carra

Any employer facing an age discrimination claim should review the bright-line rules and employer-friendly standards explained in the Sixth Circuit’s recent Opinion in Blizzard v. Marion Technical College, 698 F.3d 275 (6th Cir. 2012).  Defendant Marion Technical College (“MTC”) fired Peggy Blizzard for poor job ...

By Edwin S. Hopson

The U.S. Supreme Court has just issued a decision re-affirming the supremacy of the Federal Arbitration Act over state laws purporting to limit arbitration.  In Nitro-Lift Technologies v. Eddie Lee Howard, et al., 568 U.S. ____ (2012), the court reversed the Oklahoma Supreme Court that had taken the position that a state law ...

By Edwin S. Hopson

On December 16, 2012, the term of National Labor Relations Board Member Brian Hayes expired, leaving the five-member NLRB at three members: Chairman, Mark Pearce, and Members Sharon Block and Richard Griffin.  Block and Griffin are recess appointees.  Pearce is the only current member who has been confirmed by the Senate.  Hayes is ...

By Rachel K. Mulloy

On April 25, 2012, the United States Equal Employment Opportunity Commission (EEOC) issued Guidance regarding the use of criminal records in employment decisions under Title VII of the Civil Rights Act of 1964.  The Guidance discusses whether an employer’s use of criminal history violates Title VII, focusing specifically ...

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