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Overturning DuPont, full NLRB clarifies ‘past practice’ unilateral change doctrine

December 18th, 2017

In another 3-2 decision, this one involving Raytheon Network Centric Systems, the fully constituted NLRB has issued a ruling addressing bargaining obligations required before an employer implements a unilateral “change” in employment matters. Consistent with other Board cases dating back to 1964, the Board held that actions do not constitute a change if they are [Read more...]

Dollar General can’t compel EEOC info for its ‘business necessity’ defense

December 15th, 2017

By Lorene D. Park, J.D.
A federal magistrate judge in Illinois has largely denied Dollar General’s motion to compel the EEOC to produce additional information relevant to the company’s business necessity defense to a suit challenging its criminal background check policy as having an adverse impact on African-Americans. The agency would not be required to produce [Read more...]

Arbitration of rape-related claims against employer compelled, but not against non-signatory cruise line

December 15th, 2017

By Joy P. Waltemath, J.D.
Although a federal district court in Florida compelled arbitration of Jones Act negligence and sexual assault claims, among other claims against an employer arising out of an alleged on-ship rape of an employee, citing the arbitration clause in her employment contract, it would not compel arbitration of claims against the cruise [Read more...]

JetBlue must pay for overtime worked by flight attendants while in California

December 15th, 2017

By Lorene D. Park, J.D.
Granting in part a motion for partial summary judgment filed by flight attendants who claimed JetBlue violated California law by failing to pay overtime they earned while working intrastate flights, a federal district court in California rejected the airline’s preemption, federal enclave, and Dormant Commerce Clause arguments. However, JetBlue was awarded [Read more...]

NLRB ‘quickie election’ rules may be headed back to the drawing board

December 14th, 2017

By Pamela Wolf, J.D.
In a move not terribly surprising for labor scene watchers, the National Labor Relations Board is proceeding with a Request for Information (RFI) seeking public input on its controversial 2014 Election Rule, which modified the representation-election procedures located at 29 CFR parts 101 and 102, the Board has announced. Dubbed by opponents [Read more...]