NLRB Permits Unions to Charge dues Objectors for Lobbying Expenses, and Seeks Further Briefing on “Germaneness” Standard

January 10, 2013 by Hinshaw & Culbertson LLP

A former Union member filed an unfair labor practice charge alleging that the Union, which represents hospital employees, violated the National Labor Relations Act by its treatment of the former Union member and other employees who resigned their Union memberships and objected to paying dues that were unrelated to collective bargaining, contract administration, or grievance adjustment. More ›

Employee’s Utter Lack of Evidence Leads to Dismissal of All Claims

January 9, 2013 by Hinshaw & Culbertson LLP

MSJs certainly aren't granted as much as they used to be, particularly in the employment context. In this case, however, the employee's failure to produce more than a scintilla of evidence in support of her claims led to a successful MSJ for the individual and entity employer defendants. More ›

Arbitration Agreement Containing Class Waiver Enforceable in FLSA Case

January 9, 2013 by Hinshaw & Culbertson LLP

A residential care facility administrator entered into an arbitration agreement at the time she was hired which provided that she would submit any and all claims relating to her employment to arbitration. The agreement also contained a class waiver. Despite the foregoing, the administrator filed an action on behalf of herself and other current and former employees claiming that they were misclassified as “exempt” employees, but should have been entitled to overtime pay under the Fair Labor Standards Act (FLSA) because they regularly worked over forty hours per week. More ›

Ohio Court Allows Employee to Pursue Religious Discrimination Claim Based on Veganism

January 4, 2013 by Hinshaw & Culbertson LLP

Veganism = religion? Well, it's certainly akin to a religious belief, holds a federal district court in Ohio. More ›

NLRB Requires Employer to turn over Witness Statement

January 3, 2013 by David Ian Dalby

Under Anheuser Busch (237 NLRB 982, (1978)), employers were not required to turn over witness statements to the Union where such statements were obtained during the course of an employer's disciplinary investigation because such statements were confidential. Recently, however, the NLRB found that a witness statement was not entitled to such protections, nor did it constitute attorney work product, and required the employer to produce the disputed statement.   More ›

11th Circuit Overrules Summary Judgment in ADEA Case Based On Vice-President’s Reputed Statement

January 2, 2013 by Ambrose V. McCall

The case of Kragor v. Takeda Pharmaceuticals America, Inc., No. 11-16052 (11th Cir. December 20, 2012) reminds employers how easily summary judgment can slip away in a discrimination case based on statements attributed to senior management. The court started its analysis with a quote from the mathematician, physicist, and philosopher Blaise Pascal. "Contradiction is not a sign of falsity, nor the lack of contradiction a sign of truth." Given that plaintiff appealed a summary judgment granted to the employer, such words signaled a reversal on appeal. More ›

Employer not Required to hire Independent Contractors to Accommodate Employee’s Religious Observance

December 21, 2012 by Hinshaw & Culbertson LLP

The Fourth Circuit recently held that an employer did not have to hire independent contractors or take other action which would have been detrimental to other employees in order to accommodate the religious beliefs of one of its drivers. More ›

EEOC Announces Strategic Enforcement Plan

December 20, 2012 by Hinshaw & Culbertson LLP

The U.S. Equal Employment Opportunity Commission (EEOC) recently approved a Strategic Enforcement Plan. This Plan establishes national enforcement priorities and promotes more strategic use of agency resources, all with the goal of remedying unlawful discrimination.  More ›

Layoff Found to be Valid Position of Reemployment Under USERRA

December 18, 2012 by Katherine K. Cheng Arnold

The Eighth Circuit Court of Appeals recently held that a layoff as a part of a workforce reduction is a valid "position of reemployment" for purposes of the Uniformed Services Employment and Reemployment Rights Act (USERRA).  More ›

Illinois Court: Employee Handbook Created “Agreement” to Support Employees’ wage Claim, even Where Disclaimers Prevented “Contract”

December 15, 2012 by Hinshaw & Culbertson LLP

A federal district court judge in Northern Illinois has ruled that an employee handbook, while not a “contract”, may still be an “agreement” upon which employees may rely — and sue. In this particular case, the judge denied the employer’s motion to dismiss a claim under the Illinois Wage Payment and Collection Act (IWPCA), finding that the handbook’s statements regarding compensation were an “agreement” upon which the employees’ could base their claim, despite the handbook’s numerous disclaimers stating that no legally enforceable promise was being made. The ruling, while narrowly applied in this case to support an IWPCA claim, could potentially raise major issues for Illinois employers that rely on such disclaimers to protect themselves against claims based on handbook provisions. More ›

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