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Labor Law

This category contains 99 posts

Banner Estrella Medical Center

Employers who issue broad and routine instructions prohibiting employees from discussing internal investigations need to demonstrate that confidentiality is necessary to further a legitimate business interest, otherwise, the employer could be found to be in violation of Section 8(a)(1) of the National Labor Relations Act (“NLRA”).  Banner Health System routinely instructed employees involved in internal … Continue reading »

Dresser-Rand Co. & Iue-Cwa, Afl-Cio, Local 313

An employer’s decision to lock out striking and crossover workers, while allowing full-time replacement employees to work, can be found to have a discriminatory purpose in violation of the National Labor Relations Act. While an employer and union were negotiating a successor collective bargaining agreement, the union went on strike, and when it offered to … Continue reading »

Spinner v. Landau and Assocs.

Contractors working for publicly traded companies are afforded whistle blowing protection when reporting  violations of laws or Security and Exchange Commission regulations identified under Section 806 of the Sarbanes-Oxley Act (“SOX”).  In Spinner, the respondent employer fired a certified public accountant after he reported an internal control and reconciliation problem at S.L. Green, the company … Continue reading »

Department of Labor Agreement with State of California to Reduce Mis-classification of Employees

The United States Department of Labor (“DOL”) and the State of California (“California”) have signed an agreement to reduce the misclassification of employees as independent contractors within in the state’s labor market. According to the California Department of Industrial Relations, employers willfully classify workers as independent contractors to avoid paying payroll taxes, maintaining workers’ compensation … Continue reading »

Gender Discrimination in the NBA: A Demonstration of a Larger Problem

Fitting into this election season’s discussion of women’s rights, the NBA is facing a three million dollar gender discrimination suit. Longtime NBA employee Brynn Cone is suing the National Basketball Association, Inc., NBA Entertainment, Inc., and NBA Properties, Inc., alleging she was underpaid, under-promoted, and ultimately forced out of the organization because of her gender, … Continue reading »

Countdown to Election 2012: The Candidates’ Proposals to Fix the Economy

By Eileen Lohmann On November 6, the people of the United States will choose between two fundamentally different presidential candidates, and in an economic climate in which the rate of unemployment is 7.8 percent, each candidate has offered his own solution to create jobs and grow the economy. President Barack Obama’s plan to revitalize the … Continue reading »

Proposed CBA Amendment to Michigan’s Constitution

By Josh Tucker This November, Michigan voters will not only be electing its local and national representatives, but will also be voting on six different state proposals, five of them potential amendments to the Michigan Constitution. Proposal 2, specifically, would constitutionally recognize Michigan public and private employees’ right to organize into labor unions and bargain … Continue reading »

Another Tough Week for Foxconn

written by Articles Editor Emily Kaiser The manufacturer under fire for a recent explosion at an Apple iPad factory now faces a new controversy: the revelation of minors working in a Chinese facility that manufactures components for Nintendo’s yet-to-be-released Wii U game console.  Taiwan-based Foxconn Technology Group, the world’s largest supplier of technology products, found … Continue reading »

Cheaper Goods at a Higher Price

In the past, Wal-Mart has been criticized for labor violations in their factories in China. Starting in October, Wal-Mart has started to have problems with workers here in the United States. Workers in the retail stores and in warehouses associated with Wal-Mart have gone on strike earlier this month to improve their rights as Wal-Mart … Continue reading »

AFL-CIO: California’s Prop. 32: Clone of Past Anti-Worker Measures

Maybe this election year will finally put a stake through the heart of efforts by corporations and extremist right-wing millionaires to silence the voice of California’s working families in the political arena. This year, it’s called Prop. 32 and it’s a near-clone of 2005’s Prop. 75 and 1998’s Prop. 226, which voters defeated by 53% to 47%. Both times, huge mobilizations by … Continue reading »

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