A while back, the NLRB proposed that all employers would need to put up posters detailing employee rights to form a union. If employers did not, then the employers could be subjected to an unfair labor practice charge — a serious charge.
Implementation of that rule was delayed pending court challenges.
This morning, the
I’m late / I’m late / For a very important date. / No time to say “Hello, Goodbye”. / I’m late, I’m late, I’m late. — White Rabbit, from “Alice in Wonderland” (1951)
Let’s start with the premise, as the Second Circuit does, that “In many, if not most, employment contexts, a timely arrival
Update: Late yesterday afternoon, the NLRB officially delayed implementation of the rule. No new date has been set.
The NLRB developments keep coming fast and furious.
This morning, the D.C. Circuit Court of Appeals issued a ruling essentially blocking the NRLB from going forward with its new poster requirements for employers on April 30, 2012.
USERRA (quick, name that acronym, answer down below) is a oft-misunderstood federal statute that addresses employment issues for reservists and active duty members of the armed forces.
A recent Second Circuit decision (Hart v. Family Dental Group, decided May 31, 2011), arising from a federal court filing
If you’re an employer with an appeal to the Second Circuit, having the EEOC write a brief on behalf of the Plaintiff-employee is not one of those things that portends well for the case.
So, when the Second Circuit issued its decision in Pucino v. Verizon Communications (download here), perhaps the writing was already on
Today, I had the opportunity to argue in front of the Second Circuit Court of Appeals in downtown Manhattan. (Hence the reason for the sparseness of posts lately).
Although I have been there before, it continues to rank among the most profession
ally rewarding experiences in my career. Every attorney who dreams of an
Let the politicians and the newspapers cite a new Second Circuit decision as being important for "saving jobs" in Connecticut. It makes for good press, but for employers, the decision is more important for a different reason than highlighted in the press: The Court has weakened one of the arguments that employers use to support their
A decision last week by the Second Circuit might seem fairly trivial. After all, the Court stamped a "summary order" in the case of Cunningham v. NY State Dept. of Labor (download here) on June 10, 2009 thereby making sure the case doesn’t have precedential effect.
But employers shouldn’t ignore this decision; it illustrates the
Suppose an employee files a complaint against your company and it’s quickly dealt with. Now suppose, ten months later, that you, the employer, fire that employee — ostensibly for financial reasons. Is the timing between the original complaint and the termination enough to support a claim for retaliation?
Previous federal court cases in Connecticut have
Whenever someone gets into trouble, we’ve all heard one phra
se at some point or another, particularly as a parent or child: "But So-and-so Is Doing the Same Thing!"
That is, at its essence, an argument that is sometimes made in discrimination cases.The legal name for it is "similarly situated" but the concept it entails is