(414) 276-2850

Business Law Blog

Archive of: Labor Relations

Federal Court Rules that a Company's Website Must be Accessible to Its Blind Patrons

Posted by Attorney David McClurg in Labor Relations / Comments

In the first lawsuit of its kind to go to trial, a Florida federal judge recently ruled that Winn-Dixie's website is a “place of public accommodation" subject to the ADA because it is “heavily integrated" with the company's physical store locations. (For example, prescriptions can be refiled on the website and then picked up at the pharmacy located in the store.) As a result, the Court ordered the Company to ...

Read More

The NLRB Invalidates More Employee Handbook Policies

Posted by Attorney David McClurg in Labor Relations / Comments

Section 7 of the National Labor Relations Act grants employees the right to engage in “concerted activity" for the purpose of “mutual aid and protection." Section 8 of the Act makes it unlawful for an employer to interfere with, restrain or coerce employees in the exercise of those rights. Over the past several years, the National Labor Relations Board has relied on these provisions to invalidate a number of common ...

Read More

OBAMA INCREASES EXECUTIVE ACTION ON LABOR & EMPLOYMENT ISSUES

Posted by Attorney David McClurg in Labor Relations / Comments

After years of gridlock, President Obama declared in his State of the Union address that he would move forward on employment issues “with or without Congress.” His first Executive Order tied to this threat increased the minimum wage for workers under new federal contracts from $7.25/hour to $10.10/hour, in part to “help build momentum for a minimum wage hike for all Americans.” This Order applies to new contracts and renewals ...

Read More

NLRB Increases Pressure On Non-Union Employers, by David A. McClurg

Posted by Attorney Roger L. Pettit in Labor Relations / Comments

Obama appointees on the National Labor Relations Board (“NLRB”) continue to support a pro-employee agenda designed to encourage action by non-union employees. The Board recently launched a website specifically designed to “educate” employees about their right to engage in “protected concerted activities” under Section 8(a)(1) of the National Labor Relations Act (the "Act"), including the right to “form, join or assist labor organizations, bargain collectively through representatives ...

Read More

NLRB’S QUICKIE ELECTION RULE FOUND INVALID

Posted by in Employer-Employee Relationship, Business Management, Labor Relations / Comments

In a previous post, we discussed the NLRB pushing ahead on the “Quickie Election” rule, despite protests and opposition of Board member Brian Hayes.  At the November 30, 2012 public meeting and voting for the final rule Hayes did not participate in the vote.  The other two members voted to approve the rule and as such on December 22, 2011, the NLRB ...

Read More

Now Employers Have to Worry About the Federal Trade Commission

Posted by Attorney Roger L. Pettit in Business Management, Technology, Labor Relations / Comments

A few years back I prepared a handout for a seminar on effective employment practices.  In the handout I listed what I hoped would be a complete litany of laws that affect employers and employees in the work place.  The list of at least 27 different laws is reproduced below.Title VII of the Civil Rights Act of 1964 as amended, 42 U.S.C. 2000(e), et. seq.;Civil Rights Act of 1991;AmericansWith Disabilities ...

Read More

NLRB POSTING RULE AGAIN DELAYED

Posted by Attorney David McClurg in Business Management, Labor Relations / Comments

We have yet another turn in the saga of the controversial NLRB Rule requiring employers to post a notice of employee rights under the National Labor Relations Act. After two previous delays in the implementation date motivated by requests from one of the federal courts considering challenges to the NLRB’s authority to require employers to post such notices, the Rule was set to become effective on April 30, 2012.A ...

Read More

NLRB POSTING UPDATE - YOU MAY HAVE TO POST BUT THE CONSEQUENCES FOR NOT DOING SO ARE MINIMAL

Posted by Attorney Roger L. Pettit in Business Management, Labor Relations / Comments

In previous blog posts we have discussed the National Labor Relations Board’s new posting rule (the Final Rule) which has been delayed several times.  The delays were, in part, because of lawsuits filed by various employer groups who challenged The Final Rule on several grounds.  The primary challenges included arguments that being required to post the NLRB’s notice violated the employer’s First Amendment Rights; that the Final Rule was ...

Read More

LEGAL CHALLENGES TO NLRB POSTER RESULTS IN FURTHER DELAYS

Posted by in Employer-Employee Relationship, Business Management, Labor Relations / Comments

The NLRB has once again delayed the date that its somewhat controversial poster, required by the NLRB to be posted in all workplaces, must be posted.  As noted in prior blog posts, the poster was originally to be posted on or before November 14, 2011.  Legal challenges to the rule requiring the poster were filed, and as such the NLRB delayed its posting date to January 31, ...

Read More

Ten New Year’s Resolutions for Human Resource Professionals

Posted by Attorney David McClurg in Employer-Employee Relationship, Human Resources, Business Management, Labor Relations / Comments

1)         I will focus on improved documentation to support employment decisions. 2)         I will routinely engage employees with physical or mental impairment in an interactive process to evaluate potential accommodations. 3)         I will ask job applicants about potential accommodations (but never about the existence or nature of any disability) ONLY if:a) I reasonably believe the candidate has a need for accommodation because of an obvious disability;b) I reasonably believe the candidate may ...

Read More