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Employment Law

Appeals court rules Obama’s NLRB appointments were illegal

01/25/2013
In a decision that could invalidate more than a year’s worth of National Labor Relations Board rulings, a federal appeals court said President Obama exceeded his constitutional authority when he made three recess appointments to the five-member board. If the Supreme Court upholds the verdict, hundreds of NLRB rulings will be tossed out.

Could a negative reference be considered libel?

01/25/2013
Q. We fired an employee because she was chronically late, frequently missed work and had a poor working relationship with her colleagues. If we provide negative job references to prospective employers, could we be sued for libel?

Does the NLRA apply to nonunion employers?

01/25/2013
Q. If an employer is nonunion, must it abide by the National Labor Relations Board’s (NLRB) rules and regulations?

Can not knowing how to read be a disability?

01/25/2013
Q. Is illiteracy considered a disability under the ADA? And if it is, what accommodations would we be expected to make, as an employer?

Good news for employers: Moonlighting, noncompetes and the NLRA

01/25/2013
The National Labor Relations Board’s Division of Advice recently released a memorandum that should hearten ­­employers. It concluded that requiring employees to sign an agreement that contains a noncompete clause or a “moonlighting” provision would not unlawfully interfere with an employee’s exercise of rights under Section 7 of National Labor Relations Act.

OFCCP sends audit letters to Uncle Sam’s contractors

01/25/2013
The Office of Federal Contract Compliance Programs has begun sending Corporate Scheduling Announcement Letters to federal contractors, warning that they may soon be subject to a compliance review or audit.

Sex bias suit airs law firm’s allegedly dirty laundry

01/25/2013
After the EEOC concluded that a female partner in the Philadelphia office of the Greenberg Traurig law firm had been underpaid by $50,000, she decided to get even.

Awkward: Bias suit reveals state troopers’ Asian sex trips

01/25/2013
A race discrimination lawsuit filed in 2011 by a former Pennsylvania State Police corporal got complicated late last year when allegations of other troopers’ overseas sexual hijinks surfaced.

Sands Casino rolls dice, loses all in NLRB ruling

01/25/2013
The National Labor Relations Board has ruled against the Sands Casino in Bethlehem, holding that the casino violated the National Labor Relations Act when it refused to bar­­gain in good faith with the casino guards’ duly-elected union.

Track special requests for changes in hours, work

01/25/2013
Sometimes, an employee asks for schedule changes, extra hours or even permission to work from home now and then. If you grant such requests, track them carefully.