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Striking New Ground: Union Files NLRB Charges Against Company Even Though It Doesn’t Employ Affected Workers

Published on November 30, 2015

A fast-growing, socially conscious new economy startup would hardly seem a likely target for an intensive battle with organized labor, especially when the company has built a solid reputation for paying above-market wages and benefits. But today’s labor environment is unlike any that has come before it, as the founders of global coworking company WeWork recently discovered. (more…) ...

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Fifth Circuit Establishes “Snapshot” and Contemporaneous Documentation Requirements for Employers

Published on October 12, 2015

The Fifth Circuit recently issued a decision that impacts joint employer liability, perceived disability under ADAAA and the dangers of revisiting employee performance reviews. Michael Maslanka, a regular contributor to Texas Lawyer, wrote an article last month called, “L&E Plaintiff Lawyers Served Treat from Fifth Circuit.” (more…) ...

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Government Contractors Face a Continuing Wave of Executive Orders on Labor & Employment

Published on September 17, 2015

Recognizing the impact of the federal government’s contractor workforce as a standard-bearer for labor practices, the Obama administration has continued to issue executive orders that seek to strengthen the protections afforded to personnel within the federal contracting environment. (more…) ...

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Supreme Court Decision on Pregnancy Discrimination Act Expands Employer Responsibilities

Published on July 23, 2015

In March 2015, the U.S. Supreme Court overturned a lower court's decision and re-instated a pregnancy discrimination lawsuit brought against United Parcel Service (UPS).

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Colorado Supreme Court Subordinates Employee Rights to Employer Policies on Medical Marijuana

Published on July 22, 2015

The Colorado Supreme Court ruled on June 15, 2015 that an employee of Dish Network who was terminated in 2010 for failing a company marijuana test was fired legally, despite the fact that Colorado law allows individuals to use marijuana for medical reasons. (more…) ...

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EEOC Priorities

Published on April 11, 2014

I had the opportunity to attend a Fairfax Bar Association Employment Law Section lunch yesterday and listen to Peggy Mastroianni from the EEOC speak on the EEOC's current enforcement priorities. (more…) ...

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Employee’s Poisoning of Co-Worker was Outside the Scope of Employment for Purposes of Employer’s Vicarious Liability

Published on March 24, 2014

In Monague v. AMN Healthcare, Inc., the California Court of Appeal recently held that a staffing company was not vicariously liable for an employee’s poisoning of a co-worker. (more…) ...

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EEOC and FTC Publish Joint Technical Assistance Documents Discussing the Use of Background Checks in Employment Situations

Published on March 21, 2014

For the first time, the EEOC and the FTC have released a jointly authored technical assistance manual discussing the law surrounding background checks in employment decisions.  The agencies produced two documents, one for the employers and one for employees, providing guidance on how to properly conduct background checks on job applicants and current employees. (more…) ...

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