The "Giant Rat" — the monster inflatable notoriously associated with labor union activity — has survived another legal challenge. Yesterday, in Sheet Metal Workers Local 15 (Galencare, Inc.), the National Labor Relations Board (NLRB) issued a 3-1 split decision holding that a union had not engaged in unlawful secondary activity under Section 8(b)(4)(ii)(B) of the National… Continue Reading
Monthly Archives: May 2011
Nevada outlaws job discrimination against transgender individuals
Posted in DiscriminationNevada is the 14th state to make it illegal for employers to discriminate against transgender people in the workplace. On Tuesday, May 24, Nevada Governor Brian Sandoval signed into law AB211, which adds gender identity and expression to the State’s existing anti-discrimination statute. “Gender identity or expression” is defined by the statute as “a gender-related identity, appearance, expression or… Continue Reading
Supreme Court Upholds Arizona’s Employer Sanctions Immigration Law–More States to Follow Suit?
Posted in ImmigrationFrom John Doran in GT Phoenix: The U.S. Supreme Court, in a 5-3 decision, issued its much-awaited opinion in Chamber of Commerce v. Whiting today. The Court held that Arizona’s sweeping employer sanctions immigration law is a valid exercise of state power that does not run afoul of federal immigration policy. The Whiting decision, promises to have… Continue Reading
The Unemployed: A New Protected Group? New Jersey Bans Hiring Bias Against The Unemployed In Employer Want-Ads And The EEOC Is Watching
Posted in Discrimination, State LawBeginning June 1, 2011, New Jersey employers will be prohibited from publishing job advertisements that reflect bias against unemployed individuals. The new law, N.J.S.A §§ 34:8B-1, -2, prohibits employers, directly or through an agent, from knowingly or purposefully publishing (in print or on the Internet) job advertisements stating that: (i) current employment is a qualification for the job;… Continue Reading
California Court of Appeal Shines More Light on Meal and Rest Break Class Actions
Posted in Labor, Wage & HourIn Flores v. Lamps Plus, Inc., the California Court of Appeal in Los Angeles joined a growing list of California appellate courts recently holding that class certification is not proper in meal and rest break cases.
Which Employers Will Be Responsible For Health Coverage In 2014?
Posted in Benefits, LegislationThe new health care law, otherwise known as the Patient Protection and Affordable Care Act (PPACA), requires that, beginning after December 31, 2013, “applicable large employers” must provide affordable health coverage to their full-time employees. Failure to do so may subject these employers to a shared responsibility payment, or an “assessable payment,” pursuant to Internal… Continue Reading
GT Alert — Disabilities in the Workplace – Regulations to Implement the Equal Employment Provisions of the Americans With Disabilities Act Amendments Act
Posted in DisabilityThe Americans with Disabilities Act (ADA) was enacted in 1990 to prevent employment discrimination on the basis of an employee’s disability. While the definition of disability has not changed with the enactment of the ADA Amendments Act of 2008 (ADAAA) and the final regulations promulgated thereunder, the scope of the definition has been expanded with specific… Continue Reading
21st Century Digital DOL Releases Timesheet Application
Posted in Wage & HourUnder the Fair Labor Standards Act employers are clearly required to track and record their employees’ hours worked. On May 9, 2011, the United States Department of Labor introduced a new smartphone timesheet application that provides individual employees the ability to track their hours worked and calculate their respective compensation for those hours. Might this new smartphone application, however, create… Continue Reading
Posted in Labor
We’ve been covering the NLRB’s dispute with four states over recently-enacted constitutional amendments guaranteeing the right to a secret ballot in union elections. On Friday, May 6, the NLRB filed a lawsuit against the state of Arizona seeking to invalidate the state’s constitution amendment entitled “Right to secret ballot; employee representation.” As we’ve previously reported,… Continue Reading
Philadelphia “Bans the Box” on Employment Applications
Posted in LegislationPhiladelphia recently became the latest jurisdiction to join what appears to be a nationwide movement to “ban the box” — that is, the box on employment applications that asks job seekers to disclose criminal history. The new ordinance becomes effective on July 13, 2011. Prior to this date, employers subject to the law should revise… Continue Reading
Workplace Safety Trumps Threats by Disabled Employee
Posted in DisabilityNormal 0 false false false MicrosoftInternetExplorer4 From Marc B. Koenigsberg of GT Sacramento. Thanks and welcome to Marc! Last month, the California Court of Appeal ventured into the uncharted area of state law regarding how an employer may address disability-caused misconduct involving threats or violence against coworkers. In Wills v. Superior Court of Orange County… Continue Reading
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