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22Dec2014

NLRB adopts new rules for union representation cases

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By Linda H. Evans, Senior Associate.   This past week, the National Labor Relations Board (“NLRB”) adopted new rules for union representation cases, significantly reducing the period between the filing of a petition and a union election. The final rules will become effective April 14, 2015.   The basic changes include the following: 1) Elections
12Dec2014

Supreme Court: No pay for security screenings

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By Linda H. Evans, Senior Associate.   On Tuesday, the U.S. Supreme Court unanimously ruled that Amazon.com Inc. warehouse contractors need not be paid for the time they spend waiting to go through security screenings.   Some of the workers had claimed that they spend up to 25 minutes waiting to clear security at the
12Dec2014

NLRB grants employees right to organize via workplace email

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By Linda H. Evans, Senior Associate.   In a 3-2 decision today (Thursday, December 11), the NLRB ruled that if an employer grants its workers access to a work email system, employees should be able to use it to discuss workplace issues, including those related to unionization. Back in 2007, the NLRB had ruled that
05Dec2014

Hot off the Press: Discrimination Issues

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By Linda H. Evans, Senior Associate.   Two discrimination issues were in the news this week. The first issue deals with pregnancy discrimination in the workplace. On December 3, 2014, the U.S. Supreme Court heard arguments in the UPS case and will determine whether the company had the responsibility to provide light duty work to
14Nov2014

Holiday Cheers and Jeers: How to Serve Alcohol at Employer-Sponsored Parties

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By Kelline R. Linton, Associate.   With the holidays quickly approaching, employers who plan to host parties for their employees should be aware of the potential liability associated with providing alcohol.   Under Texas law, an employer is generally not responsible for injuries to an employee or a third party that an employee injures as
30Oct2014

EBOLA: Employment Law Dilemma

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By Linda H. Evans, Senior Associate.   Back in 2009 in response to the H1N1 virus, the EEOC issued some guidance on pandemic preparedness in the workplace and the ADA. While the Ebola and H1N1 viruses are not identical, there are similarities in how employers should respond. First, the employer should rely on CDC or
24Oct2014

Trick or Treat? Halloween celebrations may create employer liability

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By Kelline R. Linton, Associate.   With Halloween just around the corner, employers should take note of the following potential liabilities associated with celebrations in the workplace:   Workplace Safety The primary concern for workplace celebrations is employee safety. If an employer allows employees to celebrate Halloween at work, the employer should provide employees and
17Oct2014

NLRB intends to redefine joint employer

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By Kelline R. Linton, Associate.   In recent months, the National Labor Relations Board (NLRB) has expressed an interest in redefining the standards for determining joint employer liability. The Board is attempting to change the standards to hold more employers jointly liable (or responsible) for another employer’s employees.   The current standard is that a
06Oct2014

Court finds extrapolation permissible to prove liability under False Claims Act

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By Kelline R. Linton, Associate.   On Monday, a Tennessee federal judge ruled that government attorneys can extrapolate from a small sample of billing statements to prove liability under the False Claims Act (“FCA”) in a closely watched whistleblower case—Life Care Centers of America Inc.   In Life Care Centers, the government accused a nursing
22Sep2014

CURRENT HEALTH AND WAGE ISSUES

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By Linda H. Evans, Senior Associate.   Mandatory Paid Sick Leave Coming Soon to California This is a heads up to any employer with employees in California! Starting July 1, 2015, a new law will make California the second state to require all employers, with few exceptions, to provide employees with up to three days
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