Allyn & Fortuna LLPNicholas Fortuna, December 23, 2014 On December 10, 2014, in the matter of Purple Communications, Inc. a divided National Labor Relations Board held that workers have a statutory right to use an employer’s email system to engage in discussions about the terms and conditions of their employment (National Labor Relations Act, Section 7 rights) while on nonworking time. Section 7 of the NLRA grants employees the right to communicate about the terms and conditions of employment for the purpose of “collective bargaining or other mutual aid or protection.”…
Diana Uhimov, November 5, 2014. On Oct. 9, the Second Circuit sided with Fujifilm Medical Systems USA Inc. in Weber v. Fujifilm Medical Systems USA Inc., et al., an employee discrimination case brought by John J. Weber, former executive vice president. Weber alleged he was fired because he was not Japanese, in violation of Title VII of the Civil Rights Act’s prohibition on discrimination in employment based on race and national origin. The court ruled that Fujifilm could use “after-acquired” evidence, or evidence of the employee’s misconduct during the period…
By: Megan J. Muoio, October 8, 2014 The Equal Employment Opportunity Commission (EEOC) continued its recent aggressive advocacy on behalf of employees by filing suit against two employers, claiming that the employers terminated employees because they were transgender. The suits are the first lawsuits ever filed by the EEOC alleging sex discrimination against transgender individuals under Title VII of the Civil Rights Action of 1964. These lawsuits comport with the EEOC’s Strategic Enforcement Plan for 2012, which expressly seeks to expand lesbian, gay, bisexual and transgender coverage under…
Nicholas Fortuna, October 1, 2014. Google is making it a high priority to uncover unintended bias at the workplace and in hiring. Unconscious bias in hiring may lead to liability under federal and state employment law. Prevention policies, when properly implemented and followed, will avoid such biases from creeping into the decision making process. If the employer’s hiring policies include listing the qualities sought in a candidate in advance and follow a structured process, it is less likely that the employer will discriminate in hiring, and it is…
Megan J. Muoio, September 11, 2014 In 2000, the State of Colorado legalized medical marijuana use by individuals with debilitating medical conditions. Then in January 2013, it attracted attention by legalizing recreational marijuana use, but it is the use of medical marijuana that has sparked an important employment law-related debate. For employers in New Jersey, where medical marijuana is already legal, and New York, where it is expected that medical marijuana will be legalized soon, Colorado is the first test for regulating employees’ medical use of marijuana outside…
Nicholas Fortuna, August 21, 2014. Last week The National Labor Relations Board (NLRB) expanded the meaning of what is considered concerted activity under the National labor Relations Act (NLRA). Under the Board’s decision in Fresh & Easy Neighborhood market, Inc. and Margaret Elias, the Board determined that Elias was engaged in “concerted activity” for the purpose of ”mutual aid or protection” within the meaning of Section 7 of the NLRA when she sought assistance from her coworkers in asserting a sexual harassment complaint. In doing so, the Board…
Megan J. Muoio, August 13, 2014 After receiving 181 complaints from employees at McDonald’s about unfair labor practices beginning in November 2012, the National Labor Relations Board (NLRB) has issued an advice memorandum that could impact companies with franchisees across the U.S. The memorandum indicates that the NLRB will treat McDonald’s as a “joint employer” with its franchisees, making McDonald’s liable for the unfair labor practices of franchise owners to their employees. The advice memorandum is a directive from the general counsel of the NLRB and does not…
Paula Lopez, July 31, 2014. Last week, Governor Andrew Cuomo signed legislation that will provide unpaid interns throughout the State of New York with the same state law protections against discrimination and sexual harassment in the workplace as paid employees. The amended law takes effect immediately. Until recently, only unpaid interns in Oregon and Washington D.C. were similarly protected. Earlier this year, the New York City Council, by unanimous vote, passed an amendment to the City’s Human Rights Law, extending its anti-discrimination and anti-harassment provisions to unpaid interns….
Nicholas Fortuna, July 25, 2014. The Supreme Court will determine next term if pregnant employees are entitled to work accommodations due to their pregnancy under the Pregnancy Discrimination Act (PDA) of 1978. The case, Young v. United Parcel Service (UPS), was granted a Writ of Certiorari after the Fourth Circuit Court of Appeals ruled that United Parcel Service was not obligated to provide any accommodations to Ms. Young due to her pregnancy. Ms. Young claims that UPS violated the PDA because it refused to temporarily modify her work…
Diana Uhimov, July 16, 2014. The U.S. Supreme Court unanimously invalidated three of President Obama’s recess appointments to the National Labor Relations Board (NLRB) as unconstitutional in its June 26, 2014 decision in National Labor Relations Board v. Noel Canning. Despite the fact that these Board members’ positions were filled by valid Senate-confirmed members in August 2013, this decision voids hundreds of NLRB decisions issued between January 2012 and August 2013, because the Board did not have a quorum. The current Board is now obligated to revisit those decisions and either…