Best wishes for the holidays!– via Reid Kelly, P.C. http://on.fb.me/UXL7Kj
Results of Union Election at Valley Stream NY... →
The saga continues as a Target store in Valley Stream NY that won its union election against UFCW Local 1500 has now seen the result overturned by an administrative law judge. A re-run election has been ordered. Target was found to have committed various unfair labor practices which unlawfully affected the result of the election. Sometimes companies knowingly commit these ULPs in the belief...
HR Directors Thrown Under the Bus by Yet Another... →
On May 9, 2012, in a truly wretched decision for HR Directors, the federal appeals court for the Second Circuit held that when an HR Director does his/her job and runs an internal investigation of sexual harassment, and is then fired for doing so, he
Medallion Taxi drivers are organizing across the country. Black cars next.
TOO MUCH INFORMATION! By now you will have heard that some employers are (1)...– Reviewing Private Social Media Accounts as a Candidate Screening Tool: Dangerous, even with Policies & Procedures
Asking for Access to Applicant Facebook Pages |... →
Click to read my thoughts on the recent trend of employers asking for access to the private social media accounts of job applicants. Talk of doing it pursuant to written policies in order to limit legal exposure seems to invite trouble. What do you think?
Workers at an East New York supermarket supermarket charge their employer paid...– Brooklyn market workers sue employer for underpaying them
Where are the Male Bottle Servers and Hosts?... →
NYC anti-discrimination law applied to popular night club’s “ladies only” job ad
At the start of each year, we are reminded to do an annual check on any number...– Give Your HR Policies a Check-Up for the New Year
Mandatory Company Holiday Party?
Quite a few people are “Googling” whether their company can make attendance at the company holiday party mandatory. The general answer is yes, but if they do they should pay you for your attendance just like any other mandatory company meeting. For that reason, many companies will make the party optional, but strongly “encourage” you to attend. Which brings up another...
Professors at Long Island University's Brooklyn... →
Downtown Brooklyn is seeing its share of strike activity these days. This LIU picketing is one block away from where the Verizon workers were picketing, and around the block from where the Brooklyn Hospital Nurses have just authorized a strike.
Alcoa Mill Products to pay more than $540,000 to... →
Agreement includes back pay and job opportunities for 39 minority and women applicants plus training for managers and human resources personnel
On June 20 and 21, 2011, the Federal government (through the U.S Department of...– Get Ready: Uncle Sam Wants Employers to Lose More Union Elections
Albany, NY (June 1, 2011) Governor Andrew M. Cuomo today announced that New York...– NY’s Governor Suspends Participation in Federal Deportation Program
The NLRB Unleashes Massive Rats on Unsuspecting... →
Do you find massive rat balloons to be intimidating and/or coercive when you try to enter a business that has one outside it? The NLRB doesnt. In fact, they say its just symbolic speech. They also say employers who are not in a fight with a union have to learn to cope with the big rats, some as big as 16 feet tall! Read more on the jump by clicking this article’s heading.
Supreme Court Says States May Close Businesses... →
As CNN reports, the US Supreme Court has ruled in favor of an Arizona law that punishes businesses that hire illegal aliens. This is a big deal, in that the Supreme Court has found that the Arizona law is not preempted by federal immigration law. It reasoned that the federal law permits states to act on immigration violations through licensing sanctions and similar laws. While the federal law...
Double Trouble: Golf International Sued by EEOC... →
Golf Club Operator Fired Employee Twice for Reporting Discrimination and Filing EEOC Charge, Federal Agency Charges I actually count at least 3 possible retaliation claims arising from the inexplicable actions of this employer. With this EEOC suit, it appears that this employer is in for a crash course on employment law basics that they either forgot or never knew. While golf clubs have not...
In Myers v. Toojays (May 17, 2011), the 11th Federal Circuit Court of Appeals...– 11th Circuit Joins the 5th & 3rd Circuits in Holding that Private Employers May Refuse to Hire Candidates Based on Bankruptcy History
Haitian TPS Extended →
Today DHS Secretary Janet Napolitano announced that the Temporary Protected Status program established for Haitians after the devastating earthquake in 2010 has been extended. Details are on the jump (click on the title of this post). This is certainly good news because the country is still struggling to recover, so it would make little sense to further burden the already scarce resources by...
Illinois Pulls out of Federal Deportation Program... →
The controversy over the Federal Secure Communities (S-Comm) program continues to grow as States are going beyond wondering whether they can refuse to participate. While the Governor of Massachusetts questions whether his state can refuse to participate, the Governor of Illinois just announced that his State is pulling out of S-Comm. D.C. recently opted out, and Washington State has refused to...
NLRB Facebook Firing Case: More of the Same? →
Over at HireCentrix.com, you can find my article wherein I discuss what I see as the NLRB basically following its precedent in dealing with employer social media policies. You should check it out. Of course, I could be completely wrong in my analysis there, because so far the NLRB has settled all of its Facebook and Twitter cases, thus not giving us any insight into the specifics on how the...
Soccer, Employment Law, and Social Media →
If you know me, then you knew it was only a matter of time before I found a way to talk about all three subjects in one post. Here it is. On April 28, 2011, the Football Association (the FA- English soccer’s governing body), charged soccer player Danny Gabbidon (from West Ham Football Club) with “improper conduct and/or bringing the game into disrepute ” after the player angrily Tweeted the...
A New Twist: Employee Retaliation Claim Focuses on... →
With the recently settled NLRB Facebook case, and the reportedly threatened NLRB Twitter case, we have learned that employers need to be careful when taking action against employees based on comments the employee makes about the employer on social media sites. Now comes this pending case against a popular Pittsburgh bar that highlights that employers need to also be careful regarding what they...
Massachusetts Governor Patrick Urged to Shun... →
“Secure Communities” (“S-Comm”) coming to a town near you YOUR TOWN by 2013! By way of background, S-Comm is a federal program that mandates that local law enforcement share data of arrestees with the FBI and immigration authorities, with the intention of deporting criminal aliens. While some claim to have confirmation that local law enforcement can “opt out”...
Walt Clyde Frazier: Profile in Personal Style (Oh,... →
I love Walt Clyde Frazier! Former NY Knicks great, and current Knicks announcer, he has always put his personal stamp on speech and fashion. This link is to a NY Times article and photo gallery focused on his take on fashion. I did say this blog would be focused on “Mostly Work”, so try to enjoy this as a break from workplace law. For those who insist on an HR theme, I say make...
Are You Ready to be RIF'd? →
From time to time I like to link to other blogs that I think have something relevant to say related to things I cover on this site or in my firm’s practice in general. This link is one of those links. In my representation of individuals in severance and/or settlement negotiations, it is often brought to my attention that my client felt “blind-sided” by their employer’s...
Employer Response under Anti-Harassment Policy...
With Walmart recently being in the news for its case before the U.S. Supreme Court that some say begs the question “Is Walmart Too Big to Sue?” , a recent settlement between Sam’s Club and the U.S. Equal Employment Opportunity Commission suggests to me that Walmart may even be too big to manage effectively. The case was entitled EEOC v. Walmart Stores, Inc. dba Sam’s Club, et al. and was filed in...
EEOC Court Victory Serves as a Reminder that...
In EEOC v. Boh Brothers Construction Company, LLC (Civil Action No. 09-6460), the EEOC won a jury verdict of $451,000, and sent a strong reminder to employers that same-sex harassment is prohibited under Title VII of the Civil Rights Act of 1964. All too often, sexual harassment training conducted by management focuses almost exclusively on male harassment of females. However, in many...
Labor Board Plans Complaint Against Reuters Over... →
Social media and employment law are on a collision course. Will this settle like the NLRB facebook case, or will it go to hearing and give us some much needed guidance? Stay tuned … .
The cost of people development.
CFO: What happens if we invest in developing our people & then they leave us?
CEO: What happens if we don't, and they stay?
Federal Appellate Courts Says Private Employers...
By Shaun C. Reid, Esq. Despite recent court decisions that hold that private employers may refuse to hire someone based on past bankruptcies, hiring managers and Human Resource departments across the country should give pause to consider whether such a policy is related to the job being sought, and a business necessity. The reason being is that the recent court decisions may give hiring...
Labor is prior to, and independent of, capital. Capital is only the fruit of...
Discourage litigation. Persuade your neighbors to compromise whenever you can....
Labor, Employment, and Immigration Law Firm →