By LaToi Mayo
Are your overtime pay policies in compliance with the law? The U.S. Court of Appeals for the Second Circuit ruled earlier this month that Novartis Pharmaceuticals Corp.’s (NPC’s) policy in regard to its pharmaceutical representatives (Reps) is not, and these employees are entitled to receive overtime payments if they work ...
By Edwin S. Hopson
On August 5, 2010, the U.S. Senate, by unanimous consent, confirmed the nominations of scores of President Obama’s appointments to various agencies. However, the nomination of Craig Becker to a term ending in December 2014 on the National Labor Relations Board was sent back to the White House. Mr. Becker, who received a ...
By Edwin S. Hopson
On July 22, 2010, the U.S. Equal Employment Opportunity Commission celebrated the 20th anniversary of the passage and signing into law of the Americans With Disabilities Act at its Washington, D.C. headquarters. The celebration consisted of a series of speakers and panels, with the stated theme of “Celebrating the ADA ...
By Edwin S. Hopson
On July 6, 2010, the National Labor Relations Board celebrated 75 years of its existence as the federal agency tasked with enforcing the National Labor Relations Act. The primary law governing relations between employers and employees in the private sector was signed into law by President Franklin D. Roosevelt on July 5, 1935.
In ...
By George J. Miller
The National Labor Relations Board (NLRB) is the independent federal agency established by Congress to safeguard employees' rights to organize and to determine whether to have unions as their bargaining agents under the National Labor Relations Act (NLRA). A recent case reminds us, however, that the NLRA protects ...
By Michelle D. Wyrick
Recently, the United States Department of Labor (“DOL”) announced plans to pursue a new regulatory and enforcement strategy that would require employers to demonstrate compliance with certain federal employment laws. The DOL’s new initiative, named “Plan/Prevent/Protect,” puts the burden on employers to ...
By Edwin S. Hopson
After the June 17, 2010, Supreme Court decision in New Process Steel v. NLRB in which the court invalidated Board decisions issued while there were only two Board Members serving during the period January 1, 2008 to April 5, 2010, the Board announced it would begin reviewing about 100 two-Member Board cases in order to correct the ...
By Edwin S. Hopson
In a July 1, 2010 press release the National Labor Relations Board announced how it planned to deal with the nearly 600 cases decided between January 1, 2008 and early April 2010 when there were only two members of the five-member Board in office, a process that was nullified on June 17, 2010, by the U.S. Supreme Court in its New ...
By Patrick Schach
In the past decade, jury verdicts in employment cases have continued to grow across the country. Kentucky is no different. The ten largest non-Fair Labor Standards Act employment verdicts in Kentucky from 2000-2009 as reported in The Kentucky Trial Court Review Series, editions 3-12 are:
- $4,352,316: Hill and Hill v ...
By George J. Miller
On June 22, 2010, the Wage and Hour Division of the U.S. Department of Labor issued a written interpretation of the Family and Medical Leave Act concerning whether employees who do not have a biological or legal relationship with a child may nevertheless take FMLA leave for the birth, adoption, or serious health condition of a ...