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The mountain that is Specialty Healthcare: Volkswagen case typifies employers’ steep climb in NLRB unit determination cases

Franczek Radelet P.C • November 24, 2015
In its 2011 Specialty Healthcare decision, the National Labor Relations Board revised the test it applies in determining whether a union’s petitioned-for unit is appropriate. In Specialty Healthcare, the NLRB explained that where a union’s petitioned-for unit is readily identifiable as a group and shares a community of interest (common terms and conditions of employment), an employer who seeks a larger unit must demonstrate an “overwhelming” community of interest between the included and excluded employees. As we have reported in the April 2013 FR Alert and July 2014 FR Alert, employers have struggled to meet the “overwhelming” community of interest standard.

Looking Backward and Forward: A Review of Key EEOC Developments, Successes and Failures in FY 2015 and What to Watch For in FY 2016

Littler Mendelson, P.C. • November 24, 2015
On November 19, 2015, the Equal Employment Opportunity Commission (EEOC) issued its annual Performance and Accountability Report (PAR), which highlights key EEOC developments over the past fiscal year, ending September 30, 2015. This Insight provides a preliminary review of selected statistics highlighted in the PAR and discusses the EEOC’s successes and failures during the past fiscal year, particularly focusing on the EEOC’s “national priorities” discussed in its Strategic Enforcement Plan.

HR Intel – Be Thankful if You’re Not a Joint Employer and More…

XpertHR • November 24, 2015
The NLRB’s joint employer ruling is still hanging over employers’ heads, but at least one employer can be thankful entering this holiday season. A Missouri Appeals Court held that AutoZone could not be held liable for alleged harassment and retaliation at a store owned by one of its subsidiaries, “AutoZoners.”

California Work-Related Injuries and Illnesses Fall to Lowest Level in 13 Years

Jackson Lewis P.C. • November 24, 2015
The incidence of occupational injuries and illnesses in California remain at their lowest level in 13 years, according to occupational injury and illness data released by the California Department of Industrial Relations. The Survey of Occupational Injuries and Illnesses (SOII) data reflect a total of 460,000 reportable injury and illness cases in 2014, down from a total of 468,400 cases in 2013. In 2013 and 2014, the rate for cases involving lost work-time, job transfer, or restriction-from-duty cases (collectively, “lost work-time cases”) held steady at approximately 265,000, while cases involving days away from work fell from 146,800 to 142,800. Overall, the incidence of nonfatal occupational injuries and illnesses in California remains at its lowest level in the past decade.

Pennsylvania Supreme Court Finds That UWOA Language Does Not Waive Right to Challenge Adequacy of Consideration for Restrictive Covenant

Fisher & Phillips LLP • November 24, 2015
On November 18, 2015, in a highly anticipated decision, the Pennsylvania Supreme Court held that employers could not use the language set forth in Pennsylvania’s Uniform Written Obligations Act (“UWOA”) to avoid providing adequate consideration for a restrictive covenant signed by an employee. In Socko v. Mid-Atlantic Systems of CPA, Inc., the Court considered whether a non-compete agreement signed by Socko with Mid-Atlantic following the commencement of Socko’s employment was enforceable despite Mid-Atlantic’s failure to provide any benefit or change in employment status at the time of execution, by virtue of the parties’ statement in the agreement that they “intend to be legally bound” by its terms.

Pennsylvania Supreme Court Holds Uniform Written Obligations Act Does Not Allow Employer To Enforce Noncompete Unsupported By Consideration

Littler Mendelson, P.C. • November 24, 2015
In Socko v. Mid-Atlantic Systems of CPA, Inc. (No. J-40-2015), the Pennsylvania Supreme Court ruled on an issue of first impression: whether the state’s Uniform Written Obligations Act (“UWOA”) allows employers to enforce a noncompete given to an employee while already employed without providing consideration. On November 18, 2015, the high court affirmed a Pennsylvania Superior Court’s May 2014 decision, ruling that without valuable consideration, noncompetes are unenforceable.
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