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L&E Advisor Articles

Labor & Employment Advisor, Summer 2011

Survivor Benefits Under Industrial Insurance Act–Who Pays?

Proposed Sweeping Changes by the Board May Affect Union Certification Process and Persuader Activity

Harassment Statute of Limitations May Stretch Back in Time

Board Members May Face Personal Liability for Unpaid Wages

Board Overrules Dana Corp. Decision on Voluntary Recognition

Washington Court Addresses Employee Sensitivity to Environmental Factors

Employer’s Attempt to Escape Union Agreement Unsuccessful

Medical Marijuana User Not Protected from Termination

Labor & Employment Advisor, Spring 2011

Social Media and the National Labor Relations Board

And Speaking of Rodents…

NLRB Rules Inflatable Rats May No Longer Constitute Signal Pickets

Constructive Knowledge of Employee Hazards Results in Fine

Following the Employee Doctor’s Orders is not Always the Best Medicine

FedEx Driver Found to Be Employee—Not Independent Contractor

Watch for Vicarious Liability for Employee Negligence

Employers May Face Vicarious Liability for Dangerous Acts of Independent Contractors

Labor & Employment Advisor, Winter 2011

NLRB Determines that “Preemptive” Firing Violates Federal Labor Law

Purchaser May Be Liable for Predecessor’s Unpaid Union Trust Fund Contributions

Watch “Loose Lips” Statements in Terminations

National Labor Relations Board Upholds Neutrality Agreement

Donning and Doffing of Police Uniforms Not Compensable

Lying on an Application About Criminal Conduct Bars Defamation Claim

National Labor Relations Board Once Again Rules that Bannering is Lawful

Stipulations Regarding Time Loss Compensation May Tie Employers’ Hands

Labor & Employment Advisor, Fall 2010

Undocumented Immigrant’s Alien Status Not Admissible at Trial

Independent Contractor Misclassification Leads to Employer Liability for Worker Compensation Premiums

Independent Contractor Status Upheld Despite Protections in Employment Handbook

Obama Board Rules in Favor of Union Salts

U.S. Supreme Court Refuses to Hear “Donning and Doffing” Case

NLRB Announces Quicker Timeline for Resolving Labor Charges

Labor & Employment Advisor, Summer 2010

Defamation in Discrimination Cases

Employee Misconduct May Bar Unemployment Compensation

Project Labor Agreement Regulations are Published

Decertification Vote Allowed to Proceed Despite Employer Voluntary Recognition

DOL to Require Employer Reports on Labor Law Compliance

Independent Contractor Prevented From Suing Jobsite Owner

Board Sets Aside Union Fine of Whistleblower

Labor & Employment Advisor, Spring 2010

Overtime Exemptions Protect Apple Packing Business

Severance Agreement

Hospital Not Held Liable for Nurse’s Consensual Affair with Patient

Statute Of Limitations Can Defeat Claims

Terminated Employment Agreements and the Right of Arbitration

Labor & Employment Advisor, Winter 2010

Union Corporate Campaign May be Protected Activity Under NLRA

ERISA Principle – The Plan Documents Control: Consequences of the Failure to Update Beneficiary Designations

Wage and Hour Collective Actions Against Employers Continue to Grow

EEOC Announces Results for 2009

Ninth Circuit Overturns Trust Fund’s Refusal to Pay Benefits

Secondary Payor Requirements May Impact Settlements

Labor & Employment Advisor, Fall 2009

Mandatory Arbitration of Wage and Hour Disputes Upheld But With Major Changes

Whistleblower Protection Applies in the NLRA Setting

Mandatory Furlough Programs Under Legal Attack

Independent Contractors Continue To Be Wage and Hour Focus

Insult to Injury—Court Allows Expulsion of Employers from Trust Fund, Resulting in Unfunded Vested Liability

Labor & Employment Advisor, Summer 2009

Federal Court Holds That Liquidated Damages Are Available Under Federal Labor Law Even If Recipients Are Unauthorized Aliens

Washington’s Expansion of Domestic Partnership Laws Scheduled to be Effective July 26, 2009

Recent Donning and Doffing Case Sheds Light on this Misunderstood Wage and Hour Issue

New Compliance Challenges: False Claims Act Amendments—FERA With More Pending

EEOC Forwards Draft Regulations Interpreting (and Expanding) the ADA to OMB

Make Sure Your Independent Contractors Are Correctly Classified

Labor & Employment Advisor, Spring 2009

Employer Cost-Cutting Measures May Jeopardize Employee Exempt Status Under FLSA

Department of Labor Issues Helpful Opinions Re: When Training Is Compensable “Work Time”

Union Corporate Campaigns Hit A Snag

Much Anticipated New Model COBRA Notices Released

Employers Beware: Unfunded Vested Liability is Back!