By Edwin S. Hopson
In a press release issued December 6, 2010, the National Labor Relations Board announced that it had found, in a 2-1 decision, that an auto parts manufacturer, Dana Corporation, and the United Auto Workers union did not violate the National Labor Relations Act law by agreeing to ground rules by which the UAW would be recognized if ...
By Edwin S. Hopson
On December 6, 2010, the U.S. Supreme Court announced that it had granted certiorari in the Dukes v. Wal-Mart case pending in California. The Dukes case, according to published reports, is the largest Rule 23 class ever certified in the employment law arena. The plaintiffs successfully sought in the district court ...
By Debra H. Dawahare
As everyone knows by now, the Americans with Disabilities Act requires covered employers to offer reasonable accommodations to employees with conditions that substantially limit major life activities. During the statute’s early history, the courts tended to interpret the definition of “disability” ...
By Edwin S. Hopson
In a press release posted November 17, 2010, the National Labor Relations Board (NLRB) invited interested parties to file briefs in a case involving nonemployee access to retail locations operated by Roundy’s Inc., in the Milwaukee area.
According to the press release, the Milwaukee Building and Construction Trades ...
By Edwin S. Hopson
According to a November 15, 2010, article in The Wall Street Journal, employers who hired “top talent on the cheap in the depth of the recession should start worrying about defections….”
Quoting Russ Riendeau, senior partner of Barrington, Ill., recruitment firm East Wing Group Inc., "[l]ast year, the focus was getting a ...
By Debra H. Dawahare
The United States District Court for the Eastern District of Indiana has recently ruled that complainants in a discrimination case must produce information posted on their MySpace and Facebook pages, in response to the defendant company’s discovery requests.
In Equal Employment Opportunity Commission v Simply ...
By Edwin S. Hopson and Kim Koratsky
On November 2, 2010, the National Labor Relations Board (NLRB) announced that its Hartford, CT Regional Director had issued a complaint against an ambulance service, American Medical Response of Connecticut, asserting that the company had unlawfully discharged one of its employees for posting a negative ...
By Edwin S. Hopson
In two decisions issued October 22, 2010, the National Labor Relations Board adopted two new remedial policies:
●adding daily compound interest to backpay and other monetary awards, and,
●requiring many employers and unions to notify workers electronically of NLRB orders in unfair labor practice cases.
The Board’s ...
By Edwin S. Hopson
The U.S. Equal Employment Opportunity Commission (EEOC) held a public Commission meeting on October 20, 2010, to take testimony from various stakeholders, social scientists and the Federal Trade Commission regarding the growing use of credit histories by employers in making hiring decisions.
As stated in the EEOC’s ...
By Kim Koratsky
According to a press release from the Equal Employment Opportunity Commission (EEOC), it has filed suit in New Orleans, LA, against Resources for Human Development, Inc. (RHD), for firing an employee (Lisa Harrison) because of her obesity, in violation of the Americans with Disabilities Act. According to the EEOC’s suit ...