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Let it Snow: NLRB Continues Flurry of December Activity by Adopting New Arbitration Deferral Standards

Franczek Radelet P.C • December 19, 2014
With the holidays quickly approaching, the National Labor Relations Board’s union-friendly majority continues to churn out decisions that will significantly impact union and non-union employers in 2015 and beyond. Earlier this week, the Board overturned another longstanding precedent when it issued a decision adopting a new, more demanding standard before the Board will defer to an arbitrator’s decision on a contractual issue that also implicates Section 8(a)(1) and (3) unfair labor practices. In doing so, the Board abandoned a standard that it had used for 30 years.

FLSA Insurance-Adjuster Overtime Exception Buried In Appropriations Bill

FordHarrison LLP • December 19, 2014
Section 111 of the recently-enacted "Department of Labor Appropriations Act, 2015" directs that the federal Fair Labor Standards Act "shall be applied as if" there is an overtime exclusion (link to reproduction below) for certain workers who are employed to adjust or evaluate claims resulting from or relating to a major disaster. A major disaster is defined as being "any disaster or catastrophe declared or designated by any State or Federal agency or department."

FMLA Leave for Headache Effectively Converts Full-Time Position into Part-Time Position; Employers' Shrieks Heard Across the Country

Franczek Radelet P.C • December 19, 2014
This one is a real headache.

Indiana Supreme Court Dismisses Second Case Challenging Constitutionality of Right to Work Law

Jackson Lewis P.C. • December 19, 2014
Indiana’s Right to Work law again has withstood a constitutional challenge in the state’s highest court. The Indiana Supreme Court dismissed a second challenge to the state’s Right to Work law based on its November decision in Zoeller v. Sweeney, 19 N.E.3d 749 (Ind. 2014), holding that the law, on its face, does not violate Indiana’s Constitution. (The justices had declined to consolidate the two cases.) Zoeller v. United Steel, Paper, and Forestry, Rubber Manufacturing, Allied Industrial and Service Workers Int’l Union, et al., No. 45S00-1407-PL-492 (Ind. Dec. 16, 2014).

Changes Coming To Colorado Discrimination Claims

Fisher & Phillips LLP • December 19, 2014
On January 1, 2015, changes to Colorado’s employment anti-discrimination statute will go into effect, drastically impacting employers facing employment discrimination claims. The changes will significantly expand the remedies available under the statute, and will make it easier and more attractive for employees to file discrimination lawsuits in state court rather than alleging violations of federal law.

San Francisco's OLSE Issues "FAQs" On Fair Chance Ordinance

Littler Mendelson, P.C. • December 18, 2014
Starting on August 13, 2014, employers doing business in the City of San Francisco, California have had to comply with sweeping amendments to San Francisco Police Code, Article 49, and Administrative Code, Article 12 ("the amendments," "the ordinances" or the "FCO"), which significantly restrict the ability of covered employers to inquire into, and use, criminal records for hiring and other employment purposes. The scope of the amendments far exceeds the breadth of any of the other so-called "ban-the-box" laws.
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