The newsletter of the ISBA’s Section on Labor & Employment Law
Browse articles by year: 2013 (30)
Newsletter articles from 2010
Employer’s media policy violates labor law
An examination of Trump Marina Associates, LLC, in which an employer was found to have violated the National Labor Relations Act by maintaining and enforcing unlawfully broad rules regarding employees and their dealings with the media.
Headquarters’ headaches—Extraterritoriality and the courts
The mobility of workers and the dispersion of employment sites has generated a new issue for employers—which state’s law controls an employment relationship and in which state may an aggrieved employee file suit against his or her employer when the employer conducts business in multiple states.
Parley—Settlement or something else?
When negotiating a settlement, what terms bind the parties, and what later interpretations produce non-binding “guidelines,” or something even less forceful?
Return-to-work evaluation is medical exam under ADA
Employers intending to use a return-to-work examination must determine whether the EEOC's seven factors suggest that the examination is in fact a medical examination. If so, the examination must be justified as job related, and backed by business necessity.
Union indemnifies employer for pension withdrawal liability
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.