By George Miller
By Edwin S. Hopson
In a press release dated December 21, 2010, the National Labor Relations Board (in a 3 to 1 decision) announced that on December 22, 2010, it would publish in the Federal Register a Notice of Proposed Rulemaking which rule would require all employers subject to the National Labor Relations Act (“Act”) to post a notice ...
By Edwin S. Hopson
The U.S. Equal Employment Opportunity Commission (EEOC) announced recently that it had filed suit in the U.S. District Court for the Western District of Pennsylvania, Case No. 2:10-cv-01284, against U.S. Steel Corporation claiming it had violated federal law when it applied a nationwide policy of requiring probationary ...
By Edwin S. Hopson
The White House announced on December 2, 2010, that the President was nominating Leon Rodriguez to be Administrator of the Wage and Hour Division of the U.S. Department of Labor. Rodriguez currently serves as Deputy Assistant Attorney General and Chief of Staff in the Civil Rights Division of the U.S. Department of Justice, where ...
By Kim Koratsky
The employee/independent contractor question is often a thorny issue for employers, but in the next year, it could be an even bigger problem. According to an article in Crain’s Cleveland Business, “[o]ver the past two years, the Wage and Hour Division of the U.S. Department of Labor has hired more than 350 investigators to ...
By Edwin S. Hopson
In a press release issued December 6, 2010, the National Labor Relations Board announced that it had found, in a 2-1 decision, that an auto parts manufacturer, Dana Corporation, and the United Auto Workers union did not violate the National Labor Relations Act law by agreeing to ground rules by which the UAW would be recognized if ...
By Edwin S. Hopson
On December 6, 2010, the U.S. Supreme Court announced that it had granted certiorari in the Dukes v. Wal-Mart case pending in California. The Dukes case, according to published reports, is the largest Rule 23 class ever certified in the employment law arena. The plaintiffs successfully sought in the district court ...
By Debra H. Dawahare
As everyone knows by now, the Americans with Disabilities Act requires covered employers to offer reasonable accommodations to employees with conditions that substantially limit major life activities. During the statute’s early history, the courts tended to interpret the definition of “disability” ...