Publications

Section Newsletter Articles on Labor and Employment Law

Appeals court discusses evidence of financial status of defendant sued for punitive damages By Michael R. Lied Labor and Employment Law, July 2012 In Powers v. Rosine, the plaintiffs filed a complaint for injuries sustained in an automobile accident where Rosine drove under the influence.
What is OSHA looking for? By Michael R. Lied Labor and Employment Law, February 2012 A list of the most commonly cited OSHA violations from fiscal year 2011.
NLRB delays employee rights posting By J.J. McGrath Corporate Law Departments, January 2012 Whether or not your company wants to balance the NLRB notice with one of its own is a judgment call, but right now all employers need to be prepared to post the NLRB notice on April 30, 2012.
Specialty healthcare: The NLRB rewrites rules on bargaining units By Michael D. Gifford Labor and Employment Law, December 2011 As a result of the recent decision of Specialty Healthcare and Rehabilitation Center of Mobile, unions will be able to organize a minority share of an employer’s workforce although a majority of workers may not favor the union.
Labor board attacks Boeing work location By Frank J. Saibert Labor and Employment Law, July 2011 The author argues that "Any notion that today’s National Labor Relations Board (NLRB or board) will give a fair shake to employers was dispelled this past April 20."
Employers and their attorneys left wanting more guidance after first major post-Sunbelt decision regarding reasonableness of restrictive covenants By Michael P. Tomlinson Labor and Employment Law, June 2011 The Steam Sales Corp. v. Summers decision is significant because it indicates that there may be cases in which the courts will evaluate whether protectable interests other than the already-recognized legitimate business interests can suffice to show the reasonableness of a restrictive covenant.
New amendments to Rule 26 limit discovery of experts and their lawyers By Glenn R. Gaffney Labor and Employment Law, June 2011 Important amendments to Federal Rule of Civil Procedure 26 became effective December 1, 2010.
OSHA holds general contractor responsible for exposing subcontractor’s employees to hazards By Michael R. Lied Labor and Employment Law, June 2011 A summary of the case of Secretary of Labor v. Summit Contractors, Inc.
Title II of GINA and the EEOC regulations By Ambrose V. McCall Labor and Employment Law, June 2011 A brief overview of some of the legislative and regulatory highlights of the Genetic Information Non-Discrimination Act.
Employees vote out union after company-filed petition for election By Alan M. Kaplan Corporate Law Departments, May 2011 In a seldom-used procedure under the National Labor Relations Act (“Act”), the company filed a special "RM Petition" requesting an election.
What to do when an OSHA inspector comes to your job site By Alan M. Kaplan Corporate Law Departments, May 2011 An overview of the steps to follow when an OSHA inspector arrives at a company’s job site.
Evaluating the debate on collective bargaining in the public sector By Joshua Bailey Alternative Dispute Resolution, April 2011 In order to justify their claims, public sector unions should present a clear and convincing argument as to why collective bargaining is necessary in a government context. This would require unions to pointedly dissect the claim that government is unlike private employers and thus collective bargaining does not function correctly in the public sphere.
Union indemnifies employer for pension withdrawal liability By Michael R. Lied Labor and Employment Law, January 2010 Pittsburgh Mack Sales & Service, Inc. v. International Union of Operating Engineers, Local Union No. 66, 580 F.3d 185 (3d Cir. 2990) involved the unusual situation in which a union agreed to partially indemnify the employer for pension contributions.
Apprenticeship loan not dischargeable in bankruptcy By Michael R. Lied Labor and Employment Law, September 2009 Michael Kesler was undoubtedly surprised that he could not discharge a union apprenticeship program loan in bankruptcy court.
Federal labor law preempts Illinois antitrust claim By Michael R. Lied Labor and Employment Law, September 2009 A summary of the case of Smart v. Local 702 International Brotherhood of Electrical Workers.
Pyett: Waiver of statutory federal judicial forum rights in collective bargaining agreements By Stephen E. Balogh and Adam B.E. Lied Labor and Employment Law, September 2009 Recently, the Court’s ruling in 14 Penn Plaza v. Pyett, presented a complete break with the prior understanding of bargained-for arbitration clauses
Laid-off U.S. workers unable to claim statutory benefits while Department of Labor treats similarly situated plaintiffs differently By Juli Campagna International and Immigration Law, September 2007 Despite five administrative filings and three remand results denying Plaintiffs, the Former Employees of the Merrill Corporation, certification for Trade Adjustment Assistance (TAA) under the Trade Act, the Department of Labor has still not managed to support its findings with substantial evidence.