aulaborlawforum has written 300 posts for Labor & Employment Law Forum

Harris v. Bloom Energy Corporation

Workers who are brought from Mexico into the United States to work temporarily for a U.S. employer and paid in pesos rather than U.S. dollars, are protected by the Fair Labor Standards Act (FLSA) and require compensation no less than the minimum wage. Bloom Energy transported fourteen workers into the United States to work on … Continue reading »

Pitt v. Kmart Corp.

Employers utilizing background-screening services in their hiring practice must adhere to consent and notice procedures prescribed by the Fair Credit Reporting Act (FCRA). Before an applicant may be denied employment based on the findings of a background screening the employer must provide proper notice of the intent to search and obtain a written consent by … Continue reading »

Williams v. Dallas Independent School District

Employees need not make an express concern for the environment or public health when engaging in protected whistleblower activity under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Toxic Substances Control Act (TSCA). An employee was terminated allegedly in violation of protected whistleblower activity under CERCLA and TSCA, as a result of the … Continue reading »

Colby v. Union Sec. Ins. Co. & Mgmt. Co. for Merrimack Anesthesia Assoc. Long Term Disability Plan

An insurance administrator acts arbitrarily and capriciously in violation of the Employment Insurance Retirement Security Act (ERISA)when he refuses to consider whether an employee’s risk of relapse into substance dependence swells to the level of a disability. An employer’s insurance company discontinued an employee’s disability benefits after she checked out of a rehabilitation facility where … Continue reading »

Dish Network Corp.

A social media policy constitutes an unfair labor practice where it restricts protected speech by broadly prohibiting “negative” employee speech online, restricts employee speech online during work hours (without indicating that protected speech could be exercised during breaks), and requires preclearance before employees could speak publicly or to government officials. The employer’s social media policy … Continue reading »

Embry v. City of Calumet, Ill.

Government employees who serve in policymaking positions requiring political allegiance may be fired for their political affiliation. The plaintiff, who was Commissioner of Streets and Alleys for the defendant, was demoted from his position after several aldermen refused to ratify his appointment to a new department based on his failure to support their ally’s political … Continue reading »

Barsyl Supermarkets Inc.

Employers who refuse to furnish a Union with certain information that is necessary and relevant to the Union’s role as the exclusive collective-bargaining representative of the unit employees violate their duty to bargain collectively and in good faith with the Union. An employer must grant a Union’s written request for addresses, phone numbers and work … Continue reading »

by Ryan Hatley   “Do you like girls?” This was the question that potential National Football League (NFL) draft pick and Colorado tight end Nick Kasa was allegedly asked at the NFL Scouting Combine in February. After Kasa said he was asked about his sexual orientation, at least two other draft prospects came forward and … Continue reading »

Why Marriage Equality Matters to the Labor Market

by Jay Shannon, 2013-2014 Co-Editor-in-Chief The Supreme Court’s recent foray into the rights of gays and lesbians under the U.S. Constitution has catapulted the issue to the forefront of legal discussion. Noticeably absent in many publicized conversations is the impact of existing law on our current labor market in the United States. The Court’s rulings … Continue reading »

Vernace v. Port Authority

Employers cannot retaliate or discriminate against an employee who has filed a complaint with the Occupational Safety and Health Administration (OSHA) under the Federal Rail Safety Act of 1982 (FRSA). Laura Vernace filed a complaint with OSHA alleging that the Port Authority Trans-Hudson Corporation (PATH), her employer, retaliated against her by intimidating and threatening her … Continue reading »


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