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Searching Content indexed under Employment and HR by Sheppard Mullin Richter & Hampton ordered by Published Date Descending.
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1
More Good News From The Board: NLRB Scraps The Clear And Unmistakable Waiver Standard For The Contract Coverage Test When Deciding Unilateral Change Cases
A flurry of critical cases have issued out of the NLRB over the past two weeks. The latest is the Board's decision in MV Transportation, 368 NLRB ...
United States
16 Sep 2019
2
Employers May Not Have To Retain Racists, Sexists And Belligerently Disobedient Employees After All-The Nlrb Appears Ready To Rethink Its Positions On Controversial Discipline-Related Doctrines
It is lawful to discipline and even discharge an employee for making inappropriate or offensive remarks in the workplace. Indeed
United States
16 Sep 2019
3
Breaking With Tradition, The Current NLRB Is On A Rulemaking Tear: Election Procedures, Recognition Bar, And 9(A) Collective Bargaining Relationships
In its 84-year history, the National Labor Relations Board (NLRB, Board or Agency) has promulgated a very small number of rules pursuant to the Administrative Procedures Act
United States
13 Sep 2019
4
The NLRB Rules That Employers May Bar Union Representatives From Their Property Even Though They Have Allowed Other Third Parties To Engage In Civic, Charitable Or Commercial Solicitations There
Setting clear and reasonable standards for taking access to an employer's private property is high on the National Labor Relations Board's agenda
United States
13 Sep 2019
5
An Employer's Erroneous Announcement To Employees Declaring Them Independent Contractors Does Not, Standing Alone, Violate The NLRA
Does an employer who genuinely believes that its workers are independent contractors and tells them that they are contractors and not employees
United States
9 Sep 2019
6
Update: Governor Cuomo Signs Significant Changes To New York Discrimination And Harassment Legislation Into Law – Employer Compliance Required
On August 12, 2019, Governor Andrew Cuomo signed into law S.6577, a bill implementing a series of sweeping changes to the New York State Human Rights Law ("NYSHRL").
United States
30 Aug 2019
7
Are No-Poach Agreements Becoming Extinct?
Agreements between companies who compete for employees have always been subject to antitrust scrutiny. But recently, "no-poach" agreements
United States
23 Aug 2019
8
A Heads Up On The CROWN Act: Employees' Natural Hairstyles Now Protected
On July 3, 2019, Governor Gavin Newsom signed into law Senate Bill 188 also known as the Creating a Respectful and Open Workplace for Natural Hair (CROWN) Act.
United States
23 Aug 2019
9
Fifth Circuit Affirms Enron Broker Not Liable To Employee Stock Option Holders For False Or Withheld Information
Ending a more than 15-year-long legal battle, the Fifth Circuit on May 24, 2019, unanimously affirmed the dismissal of a proposed class action against subsidiaries of UBS AG, alleging violations of U.S. securities laws...
United States
23 Aug 2019
10
Coming Soon? Expanded Employment Protections For Victims Of Sexual Harassment
In a continuing trend that began with the launch of the MeToo Movement, the California legislature recently passed Assembly Bill 171, another proposed law designed to expand
United States
23 Aug 2019
11
The NLRB Holds That Employers May Implement Class Waivers In Response To Class Claims And Discipline Employees Who Refuse To Sign Them
Although good news for employers, Epic Systems left a number of significant questions unanswered.
United States
19 Aug 2019
12
Salary History Off-Limits Under New Illinois Equal Pay Law
On July 31, 2019, Governor J.B. Pritzker signed a law prohibiting Illinois employers from asking job applicants or their previous employers about salary history.
United States
8 Aug 2019
13
The NLRB Confirms That Intermittent Strikes In Furtherance Of The Same Goal Are Unprotected
Such adverse action is an unfair labor practice in violation of Section 8(a)(1) of the NLRA.
United States
6 Aug 2019
14
Predictable Scheduling Makes Its Way To Chicago
Chicago Mayor Lori Lightfoot is expected to sign into law the City Council's recently passed Chicago Fair Workweek Ordinance (the "Ordinance"). The Ordinance, which includes predictable scheduling provisions, will dramatically affect workweek scheduling for many Chicago employers beginning on July 1, 2020.
United States
6 Aug 2019
15
Title VII Reversal: Fifth Circuit Holds No Transgender Protections Under Civil Rights Statute
Earlier this year, a three-judge panel of the Fifth Circuit Court of Appeals unanimously rejected the notion that Title VII of the Civil Rights Act protects individuals from discrimination...
United States
1 Aug 2019
16
Employers Can Now Stand Firmly On Not Paying Employees For The Cost Of Slip-Resistant Shoes
To avoid slip and fall accidents, BJ's required its restaurant employees to wear black, slip-resistant, closed-toe shoes. Employees were not required to wear a specific brand, style or design of shoes. Employees were permitted to wear their shoes outside of work.
United States
24 Jul 2019
17
The NLRB Just Made It A Little Easier For Employees To Get Rid Of Their Union
Unionized workers wishing to rid themselves of continued union representation (and their employers) just got some very good news from the National Labor Relations Board (NLRB or Board) with the issuance
United States
24 Jul 2019
18
Southern District Of New York Invalidates State Ban On Mandatory Arbitration Of Harassment And Discrimination
On June 26, 2019, Southern District of New York Judge Denise Cote granted a motion to compel arbitration of a plaintiff's sexual harassment claims finding that the New York State
United States
19 Jul 2019
19
NLRB Limits Duty To Bargain Over Disciplinary Actions
A unionized employer must bargain with its employees' union before making any unilateral changes in employees' wages, hours, working conditions or other terms and conditions of employment
United States
12 Jul 2019
20
July 1, 2019 Minimum Wage Increases In California Counties And Municipalities
Many California employees received a raise on January 1, 2019 when the state increased the minimum wage to $12 per hour for large employers (26 employees or more) and $11 per hour for small employers (25 employees or fewer).
United States
8 Jul 2019
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