About Us  |  About Cheetah®  |  Contact Us

News

Subscribe to the Employment Law Daily RSS Subscribe

Divided NLRB adopts new standard for when neutral workplace policies violate employee rights

December 18th, 2017

By Kathleen Kapusta, J.D. and Lisa Milam-Perez, J.D.
In a 3-2 decision, the NLRB overruled its Lutheran Heritage Village-Livonia standard governing whether facially neutral workplace rules, policies, and employee handbook provisions unlawfully interfere with the exercise of rights protected by the NLRA. In place of the Lutheran Heritage “reasonably construe” standard, the Board established a new [Read more...]


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...]