Federal Judge Strikes Down NLRB “Speedy Election” Rule on Technicality

May 16, 2012 by Hinshaw & Culbertson LLP

A federal district court in Washington D.C. has struck down the recently enacted National Labor Relations Board rule that expedited union representation elections. The rule, which had been in effect since April 30, sped up union elections from an average of 38 days after a petition is filed to as few as 10 days. In a May 14 decision in the case of Chamber of Commerce v. National Labor Relations Board, however, District Court Judge James Boasberg found that the Board was acting without a quorum when two of its members enacted the rule in December 2011. As a result, Judge Boasberg determined, the so-called "speedy election" rule is invalid. More ›

Florida Court Relies upon GPS Information to deny Employee’s Workers’ Compensation Claim

May 11, 2012 by Hinshaw & Culbertson LLP

The District Court of Appeal of Florida recently addressed an issue which will undoubtedly be of interest to employers nationwide. In Roloff v. Lock Busters of Southwest Florida, the locksmith employee was required to be on call “waiting to be engaged” during his shift. The company vans contained GPS devices which provided for the location of the vehicle. More ›

Citing Employee’s Receipt of SSDI Benefits, the Fourth Circuit Rejects the EEOC’s ADA Action Against Medical Center

April 30, 2012 by Hinshaw & Culbertson LLP

On April 17, 2012, the United States Court of Appeals for the Fourth Circuit considered the circumstances under which an employee’s ADA claim and receipt of SSDI benefits can co-exist. More ›

Employee Permitted to Combine two Separate Health Issues into one “Serious Medical Condition” Under FMLA

April 26, 2012 by Hinshaw & Culbertson LLP

A federal district court in Minnesota has ruled that multiple medical conditions can be combined into a single "serious medical condition" for purposes of the FMLA as long as the two conditions are "temporarily linked" and affect "the same organ system." More ›

EEOC Issues Guidance on Employers’ use of Arrest and Conviction Records

April 26, 2012 by Hinshaw & Culbertson LLP

When can an employer conduct a criminal background check on an applicant or existing employee?   More ›

EEOC: Discrimination Based on Gender Identity Violates Title VII

April 24, 2012 by Hinshaw & Culbertson LLP

The EEOC issued its decision in Macy v. Holder  yesterday in which it held that an employer who discriminates against an applicant or an employee on the basis of gender identity violates Title VII's prohibitions against sex discrimination.  

CA Court Finds Arbitration Agreement with Modification Provisions to be Illusory

April 23, 2012 by Hinshaw & Culbertson LLP

The California Court of Appeals recently found an employer's arbitration agreement to be "illusory" because it contained a modification provision which stated that the employer had the right to amend, modify, or revoke the arbitration contract on 30 days' written notice, and at the end of the 30-day period, a contract change applies to any claim that has not been filed with the American Arbitration Association. More ›

Ninth Circuit Finds “Attendance” to be Essential Function of Nurse’s Job

April 20, 2012 by Hinshaw & Culbertson LLP

The Ninth Circuit recently determined that for a neo-natal intensive care unit nurse, attendance is an essential function of the job. The hospital at which the nurse worked had an attendance policy wherein employees could take up to five unplanned absences during a rolling twelve-month period, and unplanned absences related to family medical leave . . . jury duty, bereavement leave and other approved bases are not counted towards this limit, and each absence, however long, counts as only one occurrence. More ›

D.C. Circuit Court also Rules on NLRB Posting Requirement

April 17, 2012 by Hinshaw & Culbertson LLP

Yesterday we reported to you that the South Carolina District Court struck down the NLRB's posting rule which would have been effective as of April 30, 2012. Just this morning, the Court of Appeals for the District of Columbia Circuit (where a similar NLRB-challenge was pending) issued an injunction enjoining the posting requirement pending the outcome of an appeal.   More ›

South Carolina Court Strikes down NLRB Posting Rule

April 16, 2012 by Hinshaw & Culbertson LLP

Up until December, 2010, the National Labor Relations Board (“NLRB”), unlike most federal labor agencies, did not require employers to post a general notice of employee rights in the workplace. That changed, however, upon issuance of a proposed rule wherein all employees subject to the National Labor Relations Act (“NLRA”) would be required to post notices which informed employees of their rights under the NLRA. The final rule was ultimately published in August, 2011, and the requirements were set to take effect on April 30, 2012. The Chamber of Commerce of the United States and the South Carolina Chamber of Commerce sought an injunction to prevent the implementation and enforcement of the rule. The U.S. District Court for the District of South Carolina agreed with the Chambers, finding that the Board, in promulgating the final rule, exceeded its authority in violation of the Administrative Procedure Act. You can read the decision here.   More ›

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