In recent months, some of the National Labor Relations Board’s intentions have become obvious. First, the NLRB plans on devoting considerable attention and resources towards non-union employees and employers. Next, the NLRB will aggressively challenge employers who it believes improperly attempt to manage workforce conduct. Two back-to-back NLRB rulings graphically illustrate the agency’s path for […]
In a recent opinion by the Eleventh Circuit Court of Appeals involving a Type-1 insulin-dependent diabetic, the court found that passing a Department of Transportation medical examination was an impermissible “qualification standard” under the Americans with Disabilities Act. Are you scratching your heads? Here’s the court’s logic.
EMPLOYEE BENEFITS LAW UPDATE »
Post-DOMA, IRS and CMS issue further guidance regarding same-sex spouses
Last September, three months after the U.S. Supreme Court issued its landmark decision in United States v. Windsor, the IRS issued some much-anticipated guidance regarding the treatment of same-sex spouses. For employers who sponsor qualified retirement plans (e.g., a 401(k) plan), one of the most significant ramifications was the requirement that such plans recognize a […]
A decision by a federal court in Oklahoma City reminds employers that when terminating an employee for a legitimate business reason, an employer does not need to sweeten the pot with additional reasons for termination – especially when the additional reasons may be interpreted as being inconsistent.
Were the Doors thinking about the prospect of unionized college football when they wrote and performed “The End”? That’s how many of us felt when the NLRB ruled that Northwestern University football players could form a union. Now that the shock and awe has faded, what should we expect for the future?
In the words of noted American statesman Benjamin Franklin, “in this world nothing can be said to be certain, except death and taxes.” Given Franklin’s thoughts, yesterday’s decision by the U.S. Supreme Court in the case of United States v. Quality Stores, Inc., probably would have come as no surprise. In that case, the court […]
A recent Tenth Circuit Court of Appeals case involving the rape of an employee by her superior clarifies the Tenth Circuit’s case law on when an individual is considered a “supervisor,” and also provides a cautionary tale for employers regarding taking adequate steps to prevent and correct sexual harassment.
Last week’s announcement by President Obama of a planned increase to the number of employees who would be entitled to receive overtime pay set off a barrage of reactions. The new rules would allow some “executive” or “administrative” salaried employees to be eligible for overtime pay.