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In its quest to remain relevant, the NLRB has issued many decisions over the last several years that impact both unionized and union-free companies. More and more, union-free companies are finding themselves on the wrong end of Unfair Labor Practice (“ULP”) charges. It seems that no company is outside the reach of the NLRB. It has become the ...

By Samantha Koeninger Rittgers & Haleigh Hopkins

EEOC and Estee Lauder recently settled a 2017 litigation matter alleging that the company discriminated against male employees because of and on the basis of sex, in violation of both Title VII and the Equal Pay Act. The male employees were all biological fathers who sought and/or were provided ...

By Julie Laemmle

Heat-related hazards can affect a variety of workers and workplaces.  Without proper employer and employee precautions, exposure to heat can lead to worker injuries, diseases and fatalities; reduced productivity; and Occupational Safety and Health Administration (“OSHA”) citations and penalties.  To minimize any health ...

By Catherine Gorman and Dan Burke

A recent decision by the Sixth Circuit Court of Appeals (a federal court whose decisions apply to all Ohio and Kentucky employers) is a good reminder that employers must keep the Americans with Disabilities Act (ADA) in mind when managing pregnancy-related leaves of absence.

In Hostettler v. College of Wooster

By Amanda Warford Edge

Last week, the Sixth Circuit issued an opinion in Hostettler v. College of Wooster, -- F.3d -- (6th Cir. July 17, 2018), reminding employers that determining the essential functions of a position is a highly fact-specific endeavor.  In that case, the College of Wooster had hired Heidi Hostettler in 2013 when she was four ...

The National Labor Relations Board released new advice memorandums on Friday, July 13. Despite the ominous date, the memos were not scary for employers. NLRB advice memos are essentially guidance for regional directors who have questions about cases before them. One of the memos, pertaining to the Lyft. Co., found that Lyft's rules regarding ...

By Thomas E. Travis

On July 9, 2018, President Trump nominated Judge Brett M. Kavanaugh of the U.S. Court of Appeals for the District of Columbia to the Supreme Court.  If confirmed, Judge Kavanaugh will fill the seat recently vacated on July 31 by retiring Supreme Court Justice Anthony Kennedy.  Here’s what we know about Kavanaugh and how his ...

Trump made waves this week when he named D.C. Circuit Appellate Judge Brett Kavanaugh as his pick to replace retiring U.S. Supreme Court Justice Anthony Kennedy.  Pundits immediately jumped to the big questions.  Will Republican Senators Collins and Murkowski support Trump’s pick? Will Kavanaugh give the court an impenetrable conservative ...

By Meghan Cox; Jake Smith, Wyatt Summer Associate 2018

 Knight First Amendment Institute at Columbia University v. Trump

Most Americans would agree that Donald Trump has no greater platform than Twitter. The self-proclaimed “Ernest Hemingway of 140 characters” understands that he can maximize his influence through the ...

By Michelle D. Wyrick

In a 5-4 decision, the United States Supreme Court in Janus v. American Federation of State, County, and Municipal Employees, Council 31 et al., held that non-union members cannot be compelled to pay agency fees to the union, delivering a blow to public sector unions.  In doing so, the Court overruled Abood v. Detroit Board of ...

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