Blog
Fired for Kneeling During the Anthem? Maybe Not So Fast…
September 28, 2017
President Trump has spoken (and tweeted) his views loud and clear: it is a privilege to play a sport and be paid handsomely for doing so, and any player (as you know, he actually referred to them by another name) that disrespects the flag or our anthem should be fired. Regardless of your views on that subject, can an owner fire a player for doing so?
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NLRB Update - Senate Confirms Appointment Of Former Management-Side Labor Lawyer
September 27, 2017
Monday, the U.S. Senate confirmed William J. Emanuel to join the National Labor Relations Board ("NLRB"). Mr. Emanuel is the second of President Trump's appointees to the NLRB, which has in recent years been operating with only three Board members.
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7th Circuit Ruling Halts Trump’s Threat to Withhold Federal Funds from Sanctuary Cities
September 27, 2017
On September 15, the City of Chicago successfully obtained a preliminary injunction to enjoin U.S. Attorney General Jeff Sessions from leveraging federal funds against “sanctuary cities” to enforce compliance with new immigration policy conditions. The 7th Circuit’s ruling applies nationwide and took effect immediately.
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Ninth Circuit Pauses Seattle Ride-Share Union Ordinance, But Uncertainty Remains
September 26, 2017
Recently, the U.S. Circuit Court of Appeals for the Ninth Circuit blocked the implementation of Seattle Ordinance 124968, which would allow drivers for ride-sharing apps such as Uber and Lyft to form unions, while a suit over the new law is on appeal. The lengthy court dispute over the Ordinance is just the latest battle front facing companies in the “Gig Economy.”
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President Trump Issues Proclamation Instituting Travel Restrictions on New List of Nations
September 25, 2017
On Sunday, September 24th, President Donald Trump announced new travel restrictions for certain nationals of seven countries that have refused to comply with the Department of Homeland Security’s (DHS) new information-sharing requirements.
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Pop Quiz: Age Claims Never Get Old
September 25, 2017
The Bullard Edge finds this a bit ironic. The Age Discrimination in Employment Act (ADEA), which provides employment protection to persons 40 years of age or older, is 50 years old. In other words, the ADEA is itself old enough to be age-protected.
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Understanding the EEOC’s Shifting Stance on Pay Bias and Data Collection
September 22, 2017
Recently, the Equal Employment Opportunity Commission (“EEOC”) has sent mixed signals to employers regarding its efforts to collect salary and pay data to combat pay inequity based on gender and race. Many employers are left wondering what, if anything, they may be required to do after the most recent developments.
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The Value of Labor Goes Beyond Wages
September 21, 2017
Leaf raker, babysitter, waitress, retail salesperson, lawyer. I have had many jobs. Each has had value. Often, the pay and benefits did not match the value. When the value of the job exceeded the remuneration, I looked to find the next job.
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Protecting Employee Health Information During Emergency Situations
September 21, 2017
Even in emergency situations, covered entities are expected to continue to implement safeguards to protect patient or employment information against impermissible disclosures.
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The Federal Reserve, Race, and Opioid Use
September 21, 2017
Created in 1913 with the passage of the Federal Reserve Act, the Fed’s monetary policies are focused on three areas: price stabilization, moderation of interest rates, and maximization of employment. The Fed has started to focus on employment issues and their effect on the economy.
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Wisconsin’s Right to Work Law Upheld
September 20, 2017
In a decision issued September 19, 2017, the Wisconsin Court of Appeals upheld as constitutional Wisconsin’s so-called “Right to Work” law (Act 1), which outlawed mandatory union membership as a condition of employment.
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DOJ Argues Against Itself in Conflict over Arbitration Agreements and Class Action Waivers
September 20, 2017
“To waive or not to waive” is a rather simplistic version of the question that the U.S. Supreme Court is currently being faced with in the following cases: Epic Systems Corporation v. Lewis; Ernst & Young LLP et al v. Morris et al; and National Labor Relations Board v. Murphy Oil USA, Inc. et al.
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