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Article PDF The National Labor Relations Board, more than any other administrative agency, is given substantial deference in its interpretation of the law for which it is responsible: the [...]

In a somewhat unsettling decision, the U.S. Court of Appeals for the Sixth Circuit held that “full time presence at work is not an essential function of a job simply because an employer says that [...]

A steady stream of Advice Memoranda continues to issue from the National Labor Relations Board’s Office of the General Counsel (OGC), following up on what we reported in our February 2018, March [...]

Although specifically addressing the caregiver registry industry, the Department of Labor’s Field Assistance Bulletin “Determining Whether Nurse or Caregiver Registries Are Employers of the [...]

In NLRB v. J. Weingarten, Inc., the U.S. Supreme Court upheld a National Labor Relations Board decision that an employee was entitled to union representation in an investigatory interview that [...]

Several recent cases highlight the need for employers to take some basic steps to make sure they are actually a party to any arbitration agreement with an employee, and that the agreement is [...]

The National Labor Relations Board’s Office of the General Counsel (OGC) has continued to release Advice Memoranda, following up on what we reported in our February 2018, March 2018 and May 2018 [...]

We often counsel our clients on the need to respond promptly and effectively to employee complaints of harassment, and two recent federal appellate court rulings confirm the importance of doing [...]

Acknowledging that neither the Supreme Court nor the U.S. Court of Appeals for the Fourth Circuit have yet ruled on the question of whether Title VII’s prohibition on discrimination based on sex [...]

A recent case expands the definition of an adverse employment action on which a discrimination claim may be based. Typically, an “adverse” employment action is one to which the plaintiff objects; [...]