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Author Archives: Jennean Rogers

Court Seeks Reasoned Explanation from NLRB

Medco Health Solutions of Las Vegas, Inc. v. NLRB, 2012 U.S. App. LEXIS 25548, 1 (D.C. Cir. Dec. 14, 2012). The U.S. Court of Appeals for the D.C. Circuit recently remanded a decision by the National Labor Relations Board (the “Board”) that found an employer had violated the National Labor Relations Act by ordering an employee to remove […]

Unemployment and Hurricane Sandy

As residents and businesses in New York,New Jersey, and Connecticut attempt to rebuild after the destruction caused by Hurricane Sandy many find themselves without jobs as a result of Sandy devastation. Businesses have been flooded or completely destroyed leaving many out of work indefinitely. So what do the suddenly unemployed do to make ends meet? […]

Are My New York State Employees Exempt from Overtime Pay?

  The title of this post poses a question asked often by many of our clients.  Before delving into which employees are exempt from overtime pay, let’s take a look at the minimum pay requirements and what a regular work week entails for most New  York employees. As of July 2009, the New York State Minimum […]

Employment Litigation in Review #5

Ninth Circuit Rules that Attendance is Essential Job Function For NICU Nurse Under ADA  Samper v. Providence St. Vincent Medical Center, Case No. 10-35811___ F.3d ___ (9th Cir., April 11, 2012). On April 11, 2012, the U.S. Court of Appeals for the Ninth Circuit upheld summary judgment for the defendant when it ruled that a […]

My Employer Closed My Office. Where’s My Union Representatives?

Decisions in the workplace are made everyday. Sometimes these decisions require the employer to contact the union who represents their employees; other times they can simply take action without contacting anyone. This issue becomes of particular concern when employers decide to shut down or partially close facilities. So, when does an employer have to bargain […]

NLRB Rules against Mandatory Arbitration Agreements that Prohibit Class Actions

D.R. Horton, Inc., 357 N.L.R.B. No. 184 (January 3, 2012). Earlier this month, The National Labor Relations Board (the “Board”) ruled that it is a violation of the National Labor Relations Act (“NLRA”) to require employees to sign arbitration agreements that prevent them from participating in class action law suits to pursue employment-related legal claims. […]

Happy October and Welcome Back SCOTUS

Not only does this week mark the first quarter for many companies’ 2012 fiscal year, it is also the start of the Supreme Court’s new term.  Although none of the cases certified are too exciting from an employer’s point of view, SCOTUS is going to hear a few cases with a labor and employment flavor. […]

Fifth Circuit Recognizes Age Based Discrimination Claim for Hostile Work Environment

Dediol v. Best Chevrolet, Inc., 10-30767 (5th Cir. Sept. 12, 2011) The Fifth Circuit, for the first time, extended Title VII to address a hostile work environment claim based on age. The Court of Appeals reversed the lower court’s grant of summary judgment in a case where a 65-year old born-again Christian accused his employer […]

The NLRB Delivers Three Opinions with an Eye Towards Unions

With the end of Wilma Liebman’s tenure on the National Labor Relations Board (“Board”) and the Board’s fiscal year coming to end, it is not a surprise to see some major employment and labor decisions come to fruition.  Last Tuesday, the NLRB issued announcements regarding three recently released, union-friendly decisions. Lamons Gasket Company, 357 NLRB […]

Second Circuit Says That Public Employee’s Refusal To Falsify A Report Is Constitutionally Protected Speech

Jackler v. Byrne, 10-0859 (2nd Cir. July 22, 2011) On July 22, 2011, the Second Circuit reinstated the First Amendment retaliation claims of a former probationary police officer who alleges that he was illegally terminated for refusing to falsify a report. Jason Jackler, was employed as a probationary police officer in Middletown, New York. While […]

Second Circuit Rules that Football Managers are “Employees” under Title VII

Summa v. Hofstra University, et al., No. CV-08-0361, (April 7, 2011) This Title VII employment discrimination case dealt with circumstances surrounding the harassment of an employee/student by another student. The Plaintiff, Lauren Summa (“Summa”), was a former undergraduate and graduate student at Hofstra University.  Summa was hired as the football manager for the 2006-2007 football […]