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NLRB finds company reorg no basis for ‘good-faith uncertainty’ of union’s majority status

May 22nd, 2017

By Ronald Miller, J.D.
Absent evidence that a union claimed to represent employees that an employer inherited after merging with another company, or that the union had lost support among its current bargaining unit members, an employer failed to meet the threshold showing necessary for processing an election petition, ruled a divided NLRB. Finding that the [Read more...]

Trump sinks ERISA ‘safe harbor’ for state payroll deduction plans

May 22nd, 2017

By Pamela Wolf, J.D.
On May 17, President Donald Trump signed off on a resolution of disapproval brought under the Congressional Review Act that now puts an end to an ERISA “safe harbor” that would have permitted states to design and operate payroll deduction savings programs for private-sector employees—including automatic enrollment programs—without causing the states to [Read more...]

Can disciplinary infractions render employee ‘not qualified’ under ADA?

May 22nd, 2017

By Joy P. Waltemath, J.D.
Denying summary judgment to a cashier on her failure to accommodate claim, a federal district court in Indiana found that although she successfully argued her employer was required but failed to provide a reasonable accommodation—early as opposed to late-day working hours—to accommodate her Crohn’s disease, there was a material fact dispute [Read more...]

New employer could have used trade secrets downloaded by engineer; DTSA claim survives

May 19th, 2017

By Thomas Long, J.D.
An engineer who worked as the head of quality control for a manufacturer of electric motors could have misappropriated trade secrets by copying confidential business information onto a thumb drive without authorization, a federal district court in Illinois determined. The manufacturer adequately alleged that a competing company—which hired the engineer as its [Read more...]

Bouts of ‘uncontrollable crying’ might be constructive notice of serious medical condition

May 19th, 2017

By Marjorie Johnson, J.D.
An Hispanic high school secretary who claimed she transferred to another school after becoming increasingly distraught by coworkers’ derogatory comments about Hispanic students and their families, and then experienced bouts of “uncontrollable crying” in front of her new principal after hearing an associate principal make a similar derogatory statement—leading to her allegedly [Read more...]