Legal Articles: Constangy, Brooks & Smith, LLP

 







Document(s) published by this organization: 81


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HTMLTraditional Tactics? That's So Five Minutes Ago!
David P. Phippen; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
June 27, 2013, previously published on May/June 2013
On nearly all fronts, labor and its adversaries are employing creative tactics in organizing or attempts to defeat organizing. Here are a few examples:

 

HTMLHouse Committee Continues To Push Back On Persuader Rule
David P. Phippen; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
June 27, 2013, previously published on May/June 2013
In a May 2014 letter to Acting Secretary of Labor Seth Harris, Rep. John Kline (R-Minn.), Chairman of the Health, Education and the Workplace Committee, and Rep. Phil Roe (R-Tenn.), Chairman of the Subcommittee on Health, Employment, Labor and Pensions, voiced their continued opposition to the...

 

HTMLNoel Canning Inspires Employers to Challenge NLRB's Authority to Act
David P. Phippen; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
June 27, 2013, previously published on May/June 2013
While the Supreme Court decides whether to review the Noel Canning and New Vista Nursing & Rehabilitation decisions, employers are challenging the authority of the National Labor Relations Board to act in other contexts because of the arguably invalid recess appointments of its members. Recent...

 

HTMLBut The NLRB Continues Apace, Striking Down Employer Policies That Have "Chilling Effect" On Employees' Exercise of Section 7 Rights
David P. Phippen; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
June 27, 2013, previously published on May/June 2013
The NLRB continues undeterred by Noel Canning and New Vista, and has continued to strike down employer work rules or policies that somehow restricted employees' ability to complain about work-related issues. The cases can arise even when no union is on the scene. Three cases illustrate the Board's...

 

HTMLWho's Minding the Store? -- California Court Ignores FLSA Regulation on Multi-Tasking and Rejects Employer's Claimed Exemption for Store Manager
David P. Phippen; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
June 12, 2013, previously published on June 6, 2013
A state appellate court in Los Angeles recently addressed the "multi-tasking" responsibilities of managerial employees and interpreted California's wage and hour laws in a manner different from FLSA regulations. In Heyen v. Safeway, Inc., the Court of Appeals for the Second Appellate...

 

Adobe PDFNOEL CANNING WITH A VENGEANCE: Court Says Craig Becker's "Recess" Appointment Was Not Valid, Calling Into Question Many NLRB Decisions Dating Back at Least to 2010
David P. Phippen; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
May 31, 2013, previously published on May 24, 2013
Last week, a panel of the U.S. Court of Appeals for the Third Circuit held 2-1 in NLRB v. New Vista Nursing and Rehabilitation that President Obama's purported "recess" appointment of former Member Craig Becker to the National Labor Relations Board on March 27, 2010, was an invalid...

 

HTMLFive NLRB Nominations To Go To Full Senate
David P. Phippen; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
May 31, 2013, previously published on May 28, 2013
The Senate Health, Education, Labor, and Pensions Committee recently voted on each of President Obama's five pending nominations to the National Labor Relations Board. Separate votes were taken on each nominee, and each was approved. The two Republican nominees, Harry I. Johnson, III, and Philip A....

 

HTMLGuns in the Parking Lot: No Permit Required in Alabama
Thomas M. Eden, James N. Nolan; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
May 31, 2013, previously published on May 29, 2013
Last week, Alabama Governor Robert Bentley signed into law an Act limiting an Alabama employer's right to prohibit guns and ammunition in the workplace. Although the law does not necessarily allow employees to carry firearms at work, it does allow employees to store, and have access to, firearms...

 

HTMLDOL To Focus on "Tipping Policies" When Investigating Restaurant Practices
Nathan Johnson; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
May 27, 2013, previously published on May 22, 2013
The Wage and Hour Division of the Department of Labor has identified a target for its enforcement initiatives - the restaurant industry. These initiatives specifically target how restaurants comply with the Fair Labor Standards Act, particularly with respect to tipping policies. Such initiatives...

 

HTMLSouth Carolina General Assembly Approves New Mediation Regulations For Workers' Compensation Cases
David H. Keller; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
May 16, 2013, previously published on May 15, 2013
On Monday, the South Carolina General Assembly approved new mediation regulations for workers' compensation cases, which will take effect after publication in the State Register. It is anticipated the regulations will become effective on or about June 28, 2013.

 


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