U.S. Supreme Court Upholds D.C. Appeals Court Ruling in Noel Canning

Skip Sperry June 26, 2014Blog Leave a Comment

This morning, the United States Supreme Court issued its long anticipated decision in Noel Canning. It upheld the D.C. Court of Appeals decision that President Obama’s three recess appointments to the National Labor Relations Board (Richard Griffin, Sharon Block, and Terence Flynn) were invalid appointments. As discussed in an earlier article, this could potentially invalidate hundreds of NLRB decisions issued during the time the Board did not have a sufficient number of legitimate members to create a valid quorum.

What if You’re Using the Wrong I-9 Form?

Skip Sperry May 30, 2014Blog Leave a Comment

In a previous blog post I discussed that the U.S. Citizenship and Immigration Services (USCIS) published a new I-9 form for use after May 7, 2013. A client recently discovered that it had been using the old version of the I-9 form, and asked for my advice on how to correct it. After research and discussion with the USCIS, the answer is pretty simple. If you find yourself in the same position, complete a new,

Pocatello Voters Uphold Anti-Discrimination Ordinance

Skip Sperry May 21, 2014Blog 1 Comment

Yesterday, May 20, 2014, the city of Pocatello held a referendum to allow its voters to decide whether to repeal its ordinance prohibiting discrimination on the basis of sexual orientation and gender identity. The people of Pocatello narrowly retained the ordinance, 4,885 voting to retain, and 4,738 voting to repeal the local ordinance.

Pocatello is currently one of seven Idaho cities with this type of local ordinance and the first to put its ordinance up for a popular vote.

NLRB Says College Football Players May Unionize

Skip Sperry March 28, 2014Blog Leave a Comment

In a surprising decision on March 26, the NLRB Director for Region 13 covering Illinois and Indiana issued a decision and direction of election holding Northwestern University’s college football athletes are university “employees” as defined by the National Labor Relations Act (“NLRA”) and could vote whether to be represented by a union.

The decision focused on the grant-in-aid scholarships the athletes received to fund their education. If upheld, other grant-in-aid scholarship athletes across the country may be entitled to unionize.

Texas Jury Awards Man over $500k for Sexual Harassment

Skip Sperry March 26, 2014Blog Leave a Comment

A Texas jury recently awarded a male law enforcement officer over $500,000 as a result of harassment from his female supervisor. The complained of harassment included “motorboating,” (a term coined in the 2005 movie, “Wedding Crashers”) and other objectionable conduct, including offers of oral sex. The local newscast that aired prior to the jury verdict provides additional details regarding the hostile environment alleged by the male employee.

Be sure that your workforce and management team are properly trained in what types of behavior are acceptable and not acceptable to avoid large claims against your company.

White House Issues Memorandum to DoL

Skip Sperry March 14, 2014Blog Leave a Comment

As expected, on March 13, 2014, the President issued a memorandum to the Department of Labor, directing the agency to revamp regulations related to overtime exemptions. In part, the President directed the DoL to:

“propose revisions to modernize and streamline the existing overtime regulations. In doing so, you shall consider how the regulations could be revised to update existing protections consistent with the intent of the Act; address the changing nature of the workplace;

Expect Obama to Push for Expanded Overtime

Skip Sperry March 13, 2014Blog Leave a Comment

Today, President Obama is expected to direct the Department of Labor to use its rule-making authority to expand overtime coverage to more American workers. Under overtime exemptions executive, professional, and administrative workers who earn more than $455 per week may be exempt from overtime pay if they meet certain job-related criteria.

President Obama will likely ask the DoL to increase that weekly threshold which would increase the number of workers entitled to overtime pay.

EEOC & FTC Offer Guidance on Background Checks

Skip Sperry March 11, 2014Blog Leave a Comment

On March 10, 2014, the EEOC and the Federal Trade Commission (“FTC”) co-published two technical assistance documents that explain how the agencies’ respective laws apply to background checks performed for employment purposes. One document is for employers (What Employers Need to Know and Background Checks); the other is for job applicants and employees (Background Checks: : What Job Applicants and Employees Should Know). This is the first time that the two agencies have partnered to create resources addressing concerns in this key area.

EEOC Issues Religious Dress & Grooming Guidance

Skip Sperry March 10, 2014Blog Leave a Comment

On March 6, 2014, the Equal Employment Opportunity Commission (“EEOC”) released two publications offering technical assitance on workplace rights and responsibilities with respect to religious dress and grooming under Title VII of the Civil Rights Act of 1964.

The question-and-answer guide, entitled “Religious Garb and Grooming in the Workplace: Rights and Responsibilities,” and an accompanying fact sheet, provide a discussion of the applicable law, practical advice for employers and employees,

White House Releases Proposed Budget for 2015

Skip Sperry March 7, 2014Blog Leave a Comment

Earlier this week the White House released its proposed budget for fiscal year 2015. The budget proposes several increases for employment-related agencies:

The Wage and Hour Division of the Department of Labor would receive an additional $41 million over the amount requested for 2014
The Office of Federal Contract Compliance Programs would receive an additional $3 million
The Office of Labor-Management Standards would receive an additional $2 million
OSHA would receive an additional $13 million
The National Labor Relations Board would receive $3 million more
The EEOC would receive about $2 million more

A significant portion of the proposed increases is slated for enforcement activities.

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