Legal Articles: Constangy, Brooks & Smith, LLP

 







Document(s) published by this organization: 34


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HTMLFifth Circuit Panel Refuses to Enforce NLRB's D.R. Horton Decision, which Invalidated Arbitration Agreement that was a Condition of Employment and that Waived Class and Collective Claims
David P. Phippen; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
December 30, 2013, previously published on December 2013
A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has rejected, 2-1, the Board's position that an employer's use of a mandatory arbitration agreement, which was executed individually by an employee as a condition of employment and which included a waiver of class or collective...

 

HTMLPresident Obama's Five-Member National Labor Relations Board and General Counsel Fired Up and Ready To Go With the Senate's Nuclear Option as a Backdrop
David P. Phippen; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
December 30, 2013, previously published on December 2013
National Labor Relations Board Chairman Mark Gaston Pearce, the four other Board Members, and the newly-confirmed NLRB General Counsel, Richard Griffin, have given public statements indicating that they are now fully engaged and moving forward after the federal government shutdown. According to a...

 

HTMLAgitation to Increase Minimum Wage Continues, But Will It All Become Moot?
David P. Phippen; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
December 30, 2013, previously published on December 2013
In an economic policy speech on December 4, President Obama gave support to an increase in the federal minimum wage, to $10.10 an hour. The speech dovetailed nicely with Black Friday protests at Walmart stores across the nation on the day after Thanksgiving and fast food worker actions in cities...

 

HTMLSupreme Court Declines To Hear Union Appeal of Ruling That Neutrality Pact May Be Unlawful
David P. Phippen; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
December 30, 2013, previously published on December 2013
On December 10, the Supreme Court dismissed as "improvidently granted" a writ of certiorari in UNITE HERE Local 355 v. Mulhall, declining to address the substantive issues of the appeal. As we reported earlier, the U.S. Court of Appeals for the Eleventh Circuit ruled last year that a...

 

HTMLChanges to Law Require Timely and Complete Responses to Unemployment Claims
Sarah M. Phaff, Jeffery L. Thompson; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
December 26, 2013, previously published on December 17, 2013
Employers in all 50 states may be seeing big changes to how they are required to respond to notices of unemployment benefit claims - namely, they will be legally required to respond in a timely and adequate manner to every notice they receive. The reason is an amendment to the federal Trade...

 

HTMLCalifornia Employment Laws That Will Take Effect in 2014
Brian E. Ewing; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
December 26, 2013, previously published on December 19, 2013
As usual, the California legislature has been busy. The following is a summary of new employment-related laws that will take effect in the new year. Unless otherwise stated, the effective dates are January 1, 2014.

 

HTMLThree Strikes and You're Out! Georgia's New Law on Employer Responses to Unemployment Insurance Claim Notices
Sarah M. Phaff, Jeffery L. Thompson; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
December 26, 2013, previously published on December 17, 2013
Georgia employers may have received a surprise in their mail: a letter from the Georgia Department of Labor stating that, effective October 22, 2013, Georgia employers had to comply with a new rule concerning state unemployment insurance claim notices.

 

HTMLSummary of North Carolina "Unemployment Insurance Integrity" Rules
Robin E. Shea; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
December 26, 2013, previously published on December 19, 2013
As Constangy reported earlier this week, the federal Trade Adjustment Assistance Extension Act of 2011 requires all states to adopt measures designed to ensure that employers respond to unemployment claims promptly and "adequately." The following is a summary of North Carolina's rule,...

 

HTMLNorth Carolina's New Law on Inquiries About Expunged Records
Kenneth P. Carlson; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
December 17, 2013, previously published on December 10, 2013
North Carolina employers and educational institutions that conduct criminal history inquiries have a new limitation that took effect December 1. A newly amended statute prohibits any inquiry that results in revealing an "expunged" arrest, charge or conviction. Although few if any...

 

HTMLOSHA Proposes Requiring Employers to Submit Injury and Illness Records to an OSHA Website that will be Open to the Public
Constangy Brooks Smith LLP;
Legal Alert/Article
November 22, 2013, previously published on November 15, 2013
On November 8, 2013, OSHA issued a proposed amendment to its occupational injury and illness recordkeeping rules that would require larger establishments to submit their OSHA 300 Logs, 301 Incident Reports, and 300A Annual Summaries to the Agency through a new website that will allow for public...

 


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