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NLRB Acting GC Lafe Solomon served in violation of FVRA

March 23rd, 2017

By Lisa Milam-Perez, J.D.
Former NLRB Acting General Counsel Lafe Solomon was ineligible to function in that role once he was nominated by President Obama to serve permanently, a divided U.S. Supreme Court has ruled. The Federal Vacancies Reform Act bars an individual who has been nominated to fill a Presidential appointment and Senate confirmation (a [Read more...]

Piece-work pay plan that reduced weekly bonus in proportion to overtime violated FLSA

March 23rd, 2017

By Lorene D. Park, J.D.
Reversing summary judgment against claims by two cable and Internet installation technicians, the Ninth Circuit held that the employer’s piece-work-based pay plan, which included a bonus designed to decrease in proportion to an increase in the number of overtime hours worked, violated the Fair Labor Standards Act’s overtime provisions. The appeals [Read more...]

Fire department’s interests outweighed public interest in employee’s Facebook posts on gun control, social media policy

March 22nd, 2017

By Kathleen Kapusta, J.D.
Although at least some of a battalion chief’s Facebook activity touched on issues of public concern, including a posts over gun control legislation and the fire department’s social media guidelines, the department’s interest in workplace efficiency and preventing disruption outweighed the public interest commentary contained in his Facebook activity, the Fourth Circuit [Read more...]

Company control over ‘vendors’ established they were employees as a matter of law

March 22nd, 2017

By Ronald Miller, J.D.
Vendors for a company that preserved foreclosed properties were entitled to summary judgment against the company’s independent contractor defense where the company could not overcome evidence of its control over the vendors, a federal district court in California has ruled. The court reiterated that under California law, the right to control the [Read more...]

Nevada Minimum Wage Amendment withstands preemption, constitutional challenges

March 22nd, 2017

By Joy P. Waltemath, J.D.
Denying a cab company’s petition for extraordinary relief, the Nevada Supreme Court held that the state’s Minimum Wage Amendment (MWA)—which allows employers that provide health benefits to pay a lower minimum wage—was not preempted by the NLRA because it neither usurped the function of the NLRB nor intruded on areas Congress [Read more...]