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Employment Law

NLRB: Facebook criticism of union official is protected

03/15/2017
A Niagara Falls man has won back pay and other damages after filing an unfair labor practice complaint with the National Labor Relations Board against Laborers’ International Union of North America Local 91.

Granting leave may trigger ‘regarded as disabled’ claim

03/15/2017
Approving leave for someone who has claimed a disability may mean you are regarding the employee as disabled. Effectively, that may mean he really is disabled for ADA purposes.

FMLA: Seek more information about relative who needs care

03/15/2017
Think twice before denying FMLA leave to employees who must care for close relatives who aren’t parents.

ADA accommodation can’t be based on disabled employee’s promise not to sue

03/15/2017
Never condition an accommodation on the employee’s promise to drop an EEOC complaint or a threatened lawsuit.

Warn supervisors: No griping about impact of employee taking FMLA leave

03/15/2017
Supervisors need to avoid expressing frustration about a worker’s illness and its effect on operations or insurance cost. Any such criticism may be used against you should the employee have to be disciplined or discharged.

Never ignore harassment, even if employee doesn’t use your reporting system

03/15/2017
Simply having a sexual harassment policy doesn’t mean employers can ignore harassment they learn about via avenues that aren’t prescribed in the policy.

Anti-gay bias cases in limbo in 2nd Circuit

03/15/2017
It remains a hotly debated issue whether Title VII makes discrimination on the basis of sexual orientation illegal. Thus, anti-gay bias in the workplace remains a potentially serious problem for employers.

D.C. court weighs appeal of Browning-Ferris NLRB case

03/13/2017
The D.C. Court of Appeals heard oral arguments March 9 in a case that challenges the National Labor Relations Board’s 2015 decision in Browning-Ferris, which expanded the definition of a “joint employer” to include entities that exert even indirect control over another organization’s employees.

Labor Secretary-designate Acosta to join elite club

03/13/2017
If Alexander Acosta is confirmed as the nation’s 27th secretary of labor, he will join some illustrious company.

Bill would let employers require genetic testing

03/13/2017
The House Committee on Education and the Workforce has passed legislation that would allow employers to force employees to undergo genetic testing related to wellness program health assessments.