Latest Blog Posts


July 29, 2014 9:19 AM | Posted by Brian Peterson
The Supreme Court’s pro-arbitration and pro-alternative dispute resolution jurisprudence is being met with opposition from administrative agencies, especially the National Labor Relations Board (“NLRB”) and the Equal Employment Opportunity Commission (“EEOC”). As a result, common employment practices, such as mandatory arbitration provisions and severance agreements, are being subject to intense legal scrutiny.
July 15, 2014 9:14 AM | Posted by Brian Peterson
Under certain circumstances, the Patient Protection and Affordable Care Act’s (“ACA”) “contraceptive mandate” cannot be enforced against closely held for-profit corporations.

The ACA requires non-exempt employers to offer female employees health insurance plans that cover preventative care and screenings without any cost sharing requirements. “Preventative care” includes contraceptive methods that can prevent a fertilized egg from implanting into the uterus and developing further. Non-profit religious organizations are expressly exempt from the ACA but for-profit employers are not.

The issue before the Supreme Court was whether the ACA’s contraceptive mandate was enforceable as applied to closely held for-profit corporations.
June 30, 2014 2:43 PM | Posted by Brian Peterson
Last week, the United States Supreme Court held that the purported “recess appointments” of NLRB Members Block, Flynn and Griffin were unconstitutional. See N.L.R.B. v. Canning, 12-1281, 2014 WL 2882090 (U.S. June 26, 2014). Therefore, the Board will have to reconsider and reissue hundreds of prior opinions.
June 24, 2014 4:12 PM | Posted by Dave Wing
The Union is acting as though it is a public interest group that is seeking to increase the minimum wage to $15. But its true goal is to become the restaurant workers’ exclusive bargaining representative. First, the Union ingratiates itself with restaurant workers by advocating for a substantial increase in the minimum wage. Second, it asks the workers to sign letters that they support and will participate in a strike with other employees in support of a minimum wage increase. Then the union seeks employee signatures on union authorization cards. Finally, once it has collected a sufficient number of signed authorization cards, it files an election petition with the National Labor Relations Board (“NLRB”).
June 3, 2014 8:14 AM | Posted by Jamie Cotter
Last week, the 10th Circuit Court of Appeals issued its decision in Hwang v. Kansas State University, and directly addressed the legality of so-called “inflexible leave policies,” i.e., policies that set an exact limit on the amount of leave an employee can take.  In that case, Ms. Hwang was hired as a professor at Kansas State and was diagnosed with cancer.  Kansas State had a policy that allowed for no more than six months’ sick leave.  Ms. Hwang argued that this “inflexible” policy was illegal on its face.  The 10th Circuit disagreed.