Latest Blog Posts


December 19, 2014 10:12 AM | Posted by Casey Murray

The Occupational Safety and Health Administration (OSHA) will celebrate 2015 by implementing new regulations relating to an employer’s duty to report work-related fatalities, injuries, and illnesses. The new regulations go into effect on January 1, 2015 for all workplaces that fall under federal OSHA jurisdiction.

December 13, 2014 2:08 PM | Posted by Brian Peterson

 

In their dissent to the National Labor Relations Board’s Register-Guard decision, Board Members Liebman and Walsh classically stated that “the NLRB has become the ‘Rip Van Winkle of administrative agencies. Only a Board that has been asleep for the past 20 years could . . . contend, as the majority does, that an e-mail system is a piece of communications equipment to be treated just as the law treats bulletin boards, telephones, and pieces of scrap paper.” See 351 NLRB 1110, 1121 (2007). After a seven year slumber, the Board has awoken and is attempting to get with the times. See Purple Commc’ns, Inc., 361 NLRB No. 126 (2014). A 3-2 majority of the Board adopted the logic of Liebman and Walsh’s dissent and overruled what many believed to be a canonical case on the balance between employees’ Section 7 rights and employers’ property rights.

November 24, 2014 10:35 AM | Posted by Brian Peterson

On November 20, 2014 President Obama announced that he would take executive action to further immigration reform amid Congressional gridlock. However, it is critical that employers understand the limited scope of the President’s Executive Order.

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”).