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HTMLSupreme Court Finds Invalid President's Recess Appointments to the NLRB
Shawe Rosenthal LLP;
Legal Alert/Article
July 21, 2014, previously published on June 26, 2014
In a 9-0 decision in National Labor Relations Board v. Noel Canning, the United States Supreme Court found today that President Obama’s 2012 recess appointments of three members to the National Labor Relations Board were invalid. In doing so, the Court limited the President’s recess...

 

HTMLNew Pregnancy Discrimination Guidance Issued By The EEOC
Pamela Simmons Howland; Holland & Hart LLP;
Legal Alert/Article
July 21, 2014, previously published on July 17, 2014
On July 14, 2014, the Equal Employment Opportunity Commission (EEOC) published a new Enforcement Guidance on Pregnancy Discrimination and its relation to the Americans with Disabilities Act (ADA). In the Guidance, the EEOC not only extends pregnancy discrimination protections to past and intended...

 

HTMLPresident Nominates Sharon Block to be a Member of the NLRB
Edwin S. Hopson; Wyatt, Tarrant & Combs, LLP;
Legal Alert/Article
July 21, 2014, previously published on July 15, 2014
On July 14, 2014, the White House announced that President Obama was sending to the Senate the nomination of Democrat Sharon Block, currently working as an attorney at the U.S. Department of Labor, to be a Member of the National Labor Relations Board for the term of five years expiring December 16,...

 

HTMLOntario Court of Appeal puts the “Reasonable” back into “Reasonable Notice”
Matthew Demeo, Daniel Pugen; McCarthy Tétrault LLP;
Legal Alert/Article
July 21, 2014, previously published on July 3, 2014
Determining the actual notice period an employee is entitled to upon termination is often a frustrating exercise for employers. This is especially true of the more recent case-law which has tended to place more emphasis on certain factors (age and tenure) at the expense of other factors (nature of...

 

HTMLTOP TIP: FMLA, ADA and Fitness for Duty Examinations
Kohrman Jackson Krantz PLL;
Legal Alert/Article
July 21, 2014, previously published on June 30, 2014
When an employee comes back from Family and Medical Leave Act leave with a fitness-for-duty (FFD) certification from his health care provider, some employers still require the employee to undergo a separate FFD examination by the employer's own health care provider or employee health office before...

 

HTMLCursing the Boss May Be Protected Conduct Under the NLRA
Kohrman Jackson Krantz PLL;
Legal Alert/Article
July 21, 2014, previously published on June 30, 2014
The National Labor Relations Board held that an employer violated the National Labor Relations Act by firing an employee who shouted profanities at the owner of the company.

 

HTMLShould You Limit Bathroom Breaks For Employees?
Jonathan T. Hyman; Kohrman Jackson & Krantz PLL;
Legal Alert/Article
July 21, 2014, previously published on July 17, 2014
Teamsters local 743 has filed a complaint with the National Labor Relations Board claiming that an Illinois faucet manufacture unfairly disciplined 19 workers for “excessive use” of washrooms. What’s excessive, according to the company? Sixty minutes over the last 10 days, or a...

 

HTMLFrom the Desk of the HR Manager, June 2014
Melissa Kennedy; McCarthy Tetrault LLP;
Legal Alert/Article
July 21, 2014, previously published on June 2014
Regular attendance is key to maintaining a successful, productive organization. A full-time job cannot be performed by a part-time employee. An employee should be expected to come to work ready to perform the requirements of their job every day; excessive tardiness and absenteeism cannot be...

 

HTMLWal-Mart Will Have to Compensate the Former Employees of its Jonquière Establishment
Julie C. Fortier, Guylaine Lacerte; McCarthy Tétrault LLP;
Legal Alert/Article
July 21, 2014, previously published on July 8, 2014
On Friday, June 27, 2014, the Supreme Court of Canada ruled that Wal-Mart will have to compensate the former employees of its Jonquière establishment.

 

HTMLSupreme Court Rules Contraception Coverage Violates Employers' Religious Freedom
Kohrman Jackson Krantz PLL;
Legal Alert/Article
July 21, 2014, previously published on June 30, 2014
On June 30, the U.S. Supreme Court issued its decision in Burwell v. Hobby Lobby Stores, holding that the Patient Protection and Affordable Care Act’s (ACA) contraceptive coverage mandate violated the religious freedom of family-owned corporations.

 


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