Labor and employment law roundup

by Walter Olson on September 30, 2011

  • “EEOC showing late summer spike in discrimination suits” [NLJ]
  • In new Lamons Gasket case, NLRB generously protects unions from many secret-ballot decertification elections [Hyman] Some employers rename quickie-elections proposal “ambush elections” [ShopFloor; see also Hannah Bowen, CRC, PDF] “NLRB’s Pro-Big Labor Ruling Trifecta is Bad News for the Economy” [Ivan Osorio, CEI] Did NLRB have legal authority to issue rule requiring employers to post union-rights posters on pain of criminal penalties? [Schaumber/NRO via Ted/PoL]
  • Wage and hour law roundup: Law clerks fail in bid for overtime pay [Above the Law] “U.S. Open Umpires Sue for Overtime” [Fox Rothschild] Lawsuit challenges unpaid Hollywood internships [NYT]
  • Public sector labor reform: Let the lawsuits begin! [Daniel DiSalvo, Public Sector Inc.]
  • “Verizon Settles EEOC Disability Suit Based on No-Fault Attendance Policy” [Workplace Prof]
  • Just can’t win dept.: after white firefighters extract large settlement from city of New Haven over reverse discrimination, Second Circuit rules that black firefighters can sue the city over the same “validated” test [WSJ, Schwartz]
  • Screening job applicants through personality tests: when is it legal? [Hyman]
  • Way to discourage employers from offering sabbaticals: have courts construe them as deferred vacation benefits [Cal Labor] Way to discourage volunteers [Cain, FindLaw]
  • No, rules Judge Preska, the law doesn’t obligate employers to provide work/life balance [Hyman, Greenfield, PoL]
  • Another purportedly disabled firefighter fit enough to run an Ironman event [WITI] “Can you pay me under the table? I would lose my disability” [Coyote]

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A right to refuse business trips?
10.03.11 at 7:48 am

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