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HTMLU.S. Department of Labor Extends Spousal FMLA Leave to Same-Sex Marriage
J. Tobias Dykes, Tamula R. Yelling; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
September 26, 2013, previously published on Fall 2013
In June, the U.S. Supreme Court struck down Section 3 of the Defense of Marriage Act in United States v. Windsor. Section 3 of the DOMA defined "marriage" for federal benefits purposes as being between one man and one woman. Now, the Department of Labor has taken steps to extend the...

 

HTMLIn Missouri, Don't Wait To Raise That Timeliness Issue
Jack R. Wallace; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
September 19, 2013, previously published on September 13, 2013
Employers defending untimely complaints of discrimination filed with the Missouri Commission on Human Rights must take certain steps at the agency level to raise the timeliness issue - otherwise, it is waived, according to a recent decision from the state Supreme Court.

 

Adobe PDFOFCCP's "Game-Changing" Regulations - Affirmative Action Alert
Cara Yates Crotty, Angelique Groza Lyons; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
September 4, 2013, previously published on August 29, 2013
After more than two years of anticipation, the Office of Federal Contract Compliance Programs released its Final Rules updating the regulations implementing Section 503 of the Rehabilitation Act and Section 4212 of the Vietnam Era Veterans' Readjustment Assistance Act.

 

HTMLWage Hour Report Top Ten Wage Hour Considerations for the Multi-State Employer
Maureen R. Knight; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
September 3, 2013, previously published on August 29, 2013
Unlike federal benefits and labor relations laws, the federal minimum wage and overtime law - the Fair Labor Standards Act (FLSA) - does not preempt (or trump) state laws on the same subject. That means that employers are forced to look to both federal and all applicable state wage hour laws and...

 

HTMLLafe Solomon's Appointment Was Invalid? (Can That Be Right?)
David P. Phippen; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
September 3, 2013, previously published on August 29, 2013
As the validity of President Obama's "recess" appointments to the National Labor Relations Board remains in question, now a court has determined that the appointment of the NLRB's Acting General Counsel Lafe Solomon was invalid. In Hooks v. Kitsap Support Tenant Services, Inc., a federal...

 

HTMLUFCW Leaves Change to Win, Rejoins AFL-CIO
David P. Phippen; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
September 2, 2013, previously published on July/August 2013
The United Food and Commercial Workers union is re-affiliating with the AFL-CIO. The UFCW and six other unions left in 2005 to form Change to Win in a dispute that reduced the AFL-CIO's strength and cost it plenty in dues. At the time of the breakaway, the unions complained that the AFL-CIO was not...

 

HTMLNo More Musical Chairs in Washington, and Employers Now Face the Music
David P. Phippen; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
September 2, 2013, previously published on July/August 2013
Now that the Senate confirmed the appointments of five members of the National Labor Relations Board on July 30, we have our first full Board in more than a decade. The confirmations came after President Obama reacted to a Republican filibuster threat by withdrawing the nominations of two...

 

HTMLTeamsters' Attempt to Capitalize on Airline Merger Ends Up as a Big Nothing
David P. Phippen; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
September 2, 2013, previously published on August 2013
A proposed merger of US Airways and American Airlines, two of the world's largest airlines, was a tempting target to the International Brotherhood of Teamsters, which sought to displace the unions that were representing the airlines' mechanics. But the Teamsters lost at US Airways, and walked away...

 

HTMLWorker Centers Get Active and Get Attention
David P. Phippen; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
September 2, 2013, previously published on August 2013
In recent weeks, fast food and retail workers have gone out on one-day strikes in cities across the nation. The strikes are evidence that a new type of organization is having an increasing role in the nation's labor-management relations. "Worker centers" are often closely affiliated with...

 

HTMLFederal Appeals Court Backs NLRB in Specialty Healthcare "Micro-Bargaining Units" Case
David P. Phippen, Charles P. Roberts; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
August 21, 2013, previously published on August 16, 2013
Opportunities for union victories in representation elections improved this week as a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit ordered enforcement of the National Labor Relations Board decision in Specialty Healthcare and Rehabilitation of Mobile. The NLRB decision,...

 


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