May 2019 E-Update

Click here to view entire E-Update as a PDF RECENT DEVELOPMENTS NLRB Finds Certain Gig Economy Workers To Be Independent Contractors On the heels of the Department of Labor’s recent opinion letter, finding certain gig economy workers to be independent contractors under an “economic reality” analysis (as discussed in our […]

In Merck, Sharp & Dohme Corp., the National Labor Relations Board held that an employer was not motivated by unlawful anti-union animus when it prevented most of its unionized workforce from participating in its company-wide Appreciation Day, a paid day off before Labor Day weekend in 2015. An administrative law […]

The National Labor Relations Board found that a union steward’s use of profanity and “aggressive physical conduct” in a location visible to employees and customers may be protected by the National Labor Relations Act. In Greyhound Lines, Inc., a chief union steward was terminated for his conduct during a confrontation […]

In Didlake, Inc., the National Labor Relations Board held that an employer’s statements to employees regarding their dues obligation are not coercive and do not constitute objectionable conduct even if they contain misstatements of the law, provided that the employer did not act in a “deceptive manner.” During a union […]

In a case on remand from the U.S. Court of Appeals for the Third Circuit, the National Labor Relations Board found that an employer’s shifting explanations for an employee’s termination established pretext, and that the employee was actually terminated for engaging in concerted activity protected under the National Labor Relations […]

Relying on Title VII precedent, the U.S. Court of Appeals for the Ninth Circuit found that race discrimination claims under Section 1981 can be subjected to mandatory arbitration. In Lambert v. Tesla Inc. dba Tesla Motors Inc., the Ninth Circuit for the first time addressed the arbitrability of Section 1981 […]

An employee’s assertions of complete disability on her application for Social Security Disability benefits barred her claim under the Americans with Disabilities Act, according to the U.S. Court of Appeals for the First Circuit. In Pena v. Honeywell Int’l, Inc., following her exhaustion of medical leave and resulting termination, the […]

Following recent bans on hair discrimination and pre-employment testing for marijuana, the New York City Council has now banned discrimination based on an employee’s “sexual and reproductive health decisions,” by adding it to the list of protected categories under NYC law. “Sexual and reproductive health decisions” are defined as “any […]

As we discussed in our webinar on Maryland’s recently enacted employment laws, Maryland employers must post in the workplace the current version of the state minimum wage poster, and an updated version has just been released by the Maryland Department of Labor, Licensing and Regulation. Maryland employers should immediately update […]

The Office of Federal Contract Compliance Programs has announced updates to the National Labor Relations Act rights poster that federal contractors and subcontractors are required to display under Executive Order 13496. The changes are only technical in nature – reflecting a new telephone number for the National Labor Relations Board […]