Employers Must Gross Up Back Pay Awards

By Rose McCaffrey The NLRB has beefed up the requirements for back pay payments when an employer loses a labor dispute in Latino Express, Inc. v. International Brotherhood of Teamers, Local 777, 359 NLRB No. 44 (2012). Employees who receive awards of back pay, for example for discrimination under the National Labor Relations Act, end […]

The NLRB Overturns 50 Year Precedent

By Karla Sanchez In WKYC-TV, 359 NLRB No. 30 (December 12, 2012), the National Labor Relations Board  held that after a collective bargaining agreement expires, the employer must continue to check off union dues from employees’ wages.  The obligation to forward dues payments continues until the employer and the union either reach a successor agreement […]

Going Rogue, NLRB Style

By John Alan Doran A recent Congressional Sub-Committee report vigorously criticizes the NLRB under the Obama Administration(s).   The report notes that the NLRB’s conduct of late creates the impression of a “rogue agency” with serious systemic problems.  The report identifies a series of NLRB behaviors that demonstrated that the NLRB is little more than a […]

Firing Supervisor for Threats Is Not Retaliatory

By Bill Wright There are limits to self-help, even if you believe you have been subjected to harassment.  In Gaff v. St. Mary’s Regional Med. Center, No. 12-6064 (10th Cir. December 19, 2012) (unpublished), the employer discharged a supervisor for her reaction to an employee’s joke.  The joke was in poor taste: the employee “joked” […]

Contract Allowed Union to Invade Sales Floor

By Patrick Scully In Fred Meyer Stores, Inc., 359 NLRB No. 34 (December 13, 2012), the National Labor Relations Board (“Board”) again demonstrated its willingness to tell an employer and a union what their collective bargaining agreement means and, in so doing, take the side of a Union that had blitzed the employer’s retail store […]

Employer Opens Can of Worms for Union

By John Alan Doran When must an employer turn over its highly confidential pricing and customer data to a union?  When it opens its big trap during collective bargaining!  A recent case provides an excellent example.  During bargaining, the employer repeatedly asserted that it needed wage concessions from the union due to increased pressures from […]

When is Firing an Employee the Same as Reemploying Him?

By Brooke Colaizzi The employer in a recent case selected a veteran-employee for layoff, while he was away on military duty.  When the employee returned from service and requested reinstatement, he was terminated. The Eighth Circuit Court of Appeals recently asked whether the employer had met its obligations under the Uniformed Services Employment and Reemployment […]

Legalized Marijuana in Colorado Creates Headaches for Employers

By Vance Knapp We’ve just seen the celebration in Washington state as its new law legalizing marijuana took effect.  In November, Colorado voters also approved a state constitutional amendment (Amendment 64) legalizing the possession and use of small amounts of marijuana by individuals 21 or over.  The Colorado law takes effect January 5, 2013, and […]

Employee To Get Trial On Oral FLSA Complaint

By Mike Grubbs The Supreme Court decided last year that an oral complaint about a wage and hour issue counts as protected activity under the Fair Labor Standards Act. That decision is bearing fruit for at least one of the plaintiffs who brought the suit.  Kevin Kasten alleged that his former employer, Saint-Gobain, terminated his […]