Yesterday, we reported that the Second Circuit denied enforcement of a Board Order issued by only 2-Members in light of New Process Steel v. NLRB and noted that the Court’s order did not remand the case to the Board, potentially foreclosing the Board’s ability to re-decide the case. The Sixth Circuit has now weighed-in and… Continue Reading
Monthly Archives: June 2010
Second Circuit denies NLRB petition in light of New Process Steel v. NLRB
Posted in LaborIn what looks to be the first application of New Process Steel v. NLRB by a court of appeals, on June 23, 2010, the Second Circuit denied the NLRB’s petition for enforcement of an order issued by the 2-Member Board. In NLRB v. Talmadge Park, the per curium opinion concluded that: In Snell Island SNF… Continue Reading
New DOL interpretation expands rights for same-sex parents under the FMLA
Posted in FMLAThe DOL just issued an Administrator Interpretation clarifying the definition of “son or daughter” under Section 101(12) of the FMLA with respect to employees who stand “in loco parentis” to a child. According to the Interpretation, while the question of whether an individual stands in loco parentis to a child will depend on the particular… Continue Reading
Senate confirmations restore NLRB to five Members for the first time since 2007
Posted in LaborThis morning, the Senate confirmed Republican Brian Hayes and Democrat Mark Pearce to serve as Members of the National Labor Relations Board. Mark Pearce was serving a recess appointment made in March, 2010 to restore the NLRB’s quorum after 2+ years with only two sitting Members on the Board. Last week, the Supreme Court ruled… Continue Reading
New DOL interpretation of the term “clothes” under Section 3(o) of the FLSA
Posted in Wage & HourFrom Christina T. Tellado of GT Philadelphia. Thanks and Welcome To Christina! The DOL’s second Administrator’s Interpretation provides an analysis of what constitutes “clothes” under Section 203(o) of the FLSA. Section 203(o) excludes time spent by employees donning and doffing “clothes” or washing time from compensable hours worked where such time is either explicitly addressed… Continue Reading
Quon’s Meaning To Private Employers
Posted in PrivacyAs forecast in an earlier GT LE Blog post, SCOTUS ruled in City of Ontario v. Quon (pdf) that a California city did not violate a police officer’s Fourth Amendment right to privacy when it read non-work related text messages the officer had sent using his police department-issued pager. Although its holding is limited to the… Continue Reading
Supreme Court rules that NLRB lacked authority to issue decisions with only 2 members
Posted in LaborThe Supreme Court issued its decision this morning in the closely-watched case New Process Steel, L.P. v. NLRB. The issue in the case was whether decisions of the National Labor Relations Board that were decided by only two Board Members are valid. The National Labor Relations Act (“Act”) established a five-member NLRB and requires that… Continue Reading
USCIS’ Fraud Detection Efforts Continue: Employment Authorization Document and Permanent Residence Card Redesigned
Posted in ImmigrationFrom Dawn M. Lurie of GT Tysons Corner. Thanks and Welcome To Dawn! U.S. Citizenship and Immigration Services (USCIS) began producing new Employment Authorization Documents ("EAD cards") and Permanent Resident ("Green") cards on May 11. The new cards are intended to assist employers and the Department of Homeland Security in verifying the identities of foreign… Continue Reading
So You Still Want To Access An Employee’s Facebook Page?
Posted in Litigation, PrivacyWhether an employer may access an employee’s social networking sites such as Facebook and MySpace largely depends on the employee’s privacy settings and, if private, the employee’s consent, even if the subject-matter of the posts is relevant to pending litigation and responsive to an otherwise valid subpoena, according to a recent federal court decision in… Continue Reading
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