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No-recording policy remains lawful though applied in unlawful manner

May 6th, 2021

By Ronald Miller, J.D.
Applying a rule or policy to restrict the exercise of Section 7 rights is an unfair labor practice, but it should not make the rule thus applied unlawful to maintain.
In a four-member decision, a divided NLRB, in a 3-1 ruling, ruled that an employer’s lawful no-recording policy [Read more...]

Newly hired VP with chronic pain who failed pre-employment drug screen fails on discrimination claims

May 6th, 2021

By Brandi O. Brown, J.D.
His “chronic back pain,” for which he used marijuana as treatment, was not a qualified disability.
On an employer’s motion for summary judgment, a federal district court in California dismissed all claims of a new company VP who was hired and fired in quick succession after he failed a [Read more...]

NAACP sues OFCCP, OMB for records related to Trump’s diversity training order

May 6th, 2021

By Wayne D. Garris Jr., J.D.
Although the Executive Order has been repealed, the civil rights organization argues that the records are necessary to determine the motivations behind the order and how to remedy any remaining injuries the order may have caused.
On February 28, the NAACP Legal Defense and Educational Fund [Read more...]

NLRB will not determine lawfulness of the Acting General Counsel’s appointment

May 5th, 2021

By Pamela Wolf, J.D.
Even if the Board had jurisdiction to review Presidential actions, it would not effectuate the policies of the Act to exercise this jurisdiction; the lawfulness of the appointment is for the courts to decide.
The National Labor Relations Board has declined a charging party’s invitation to take up [Read more...]

No-poach provision ancillary to businesses’ services contract unenforceable

May 5th, 2021

By Brandi O. Brown, J.D.
When a shipping company poached employees from a third-party logistics provider, the provider responded by suing both the shipping company and its former employees.
Weighing in on a question of first impression and an issue that has divided courts, the Pennsylvania Supreme Court applied a reasonability test [Read more...]