As we previously discussed in May and July, the New York Health and Essential Rights Act (NY HERO Act), signed into law by then-Gov. Andrew Cuomo, required employers to take numerous health and safety measures in response to the COVID-19 pandemic. On Sept. 6, 2021, Gov. Kathy Hochul announced that the commissioner of the New … Continue Reading
Under the National Labor Relations Act (NLRA), a union member cannot be disciplined for forming or joining unions, bargaining collectively, or engaging in other activities for the purpose of collective bargaining, such as striking. But this protection does not immunize a union member from discipline for any type of inappropriate conduct while engaging in protected … Continue Reading
Each January, the President gives a State of the Union Address to a joint session of Congress. Throughout the speech, as the President touts his agenda and vision, half the audience cheers wildly, while the other half makes frowny faces. All the while, members of the Supreme Court sit stone-faced, internally cheering or wincing but … Continue Reading
Quick quiz: Which of the following statements by an employer is illegal in Philadelphia? (A) I would never hire a vegetarian. (B) No ugly people will be hired here. (C) I hate dyed hair. If the carpet doesn’t match the drapes, no job for you. (D) Our policy is never to hire murderers, rapists, or … Continue Reading
When job applicant Don Yeager refused to provide a social security number to his prospective employer, he was shown the door. He sued, claiming that identifying himself by a number violated his religious beliefs. In a short decision, the Sixth Circuit Court of Appeals ruled that his claim was properly dismissed. Yeager v. FirstEnergy, Jan. … Continue Reading
Over the past few weeks, the media has focused intently on the oil and gas industry’s extensive layoffs. Well known energy companies have made front-page news with their announcements of their significant layoffs that have often resulted in the termination of thousands of employees or a significant percentage of their workforce. This trend, it appears, … Continue Reading
When most employers think of the Patient Protection and Affordable Care Act (ACA), the focus is on the countdown to January 1, 2014, when the employer mandate kicks in. However, the ACA has been law since March 23, 2010. One aspect of the ACA that employers cannot lose sight of is its broad whistleblower protections. … Continue Reading