Monthly Archives: June 2012

To Break or not to Break? That is the Question.

As discussed in the recent New York Times Article: To Stay on Schedule, Take a Break, a study in the science journal Cognition conducted by Professor Lleras of the University of Illinois concluded that taking regular breaks improves productivity and creativity and that skipping breaks leads to stress and exhaustion.   Under the Fair Labor Standards Act […]

No End to ENDA?

On June 12, 2012 the U.S. Senate Committee on Health, Education, Labor and Pensions (HELP) heard testimony from M. V. Lee Badgett , Research Director of the Williams Institute for Sexual Orientation Law and Public Policy at UCLA and Director of the Center for Public Policy and Administration at the University of Massachusetts Amherst; Kylar […]

Wisconsin Gov. Scott Walker Survives Recall

On Tuesday June 5, 2012 the labor movement suffered a blow when Wisconsin Governor Scott Walker won his recall election. Gov. Walker is the first governor in US history to survive a recall election. The recall election was the contentious result of Gov. Walker’s signing into law a bill that stripped away the collective bargaining […]

NLRB’s Third Report on Social Media Expands Reach of An Outdated NLRA

The National Labor Relations Board (“NLRB” or “Board”) recently issued administrative rulings on seven cases pertaining to employer policies governing employee use of social media, whereby it held that six of the seven policies violated the National Labor Relations Act (NLRA).  On May 30, 2012, the Board’s Acting General Counsel, Lafe Salomon, issued his third […]

June 12, 2012: World Day against Child Labor

Today, June 12th, 2012, is the World Day against Child Labor.  Two years ago, the international community adopted a Roadmap for achieving the elimination of the worst forms of child labour by 2016.  On this day, the International Labor Organization (ILO) advocates: Universal ratification of the ILO’s Conventions on child labor (including the Minimum Age  […]

Paycheck Fairness Act Failed To Pass In The Senate

On June 5, 2012, Senate Democrats fell 8 votes shy of the 60 votes needed to proceed to a vote on the Paycheck Fairness Act (S. 3220).  The Act, as written would, among other things, amend the Equal Pay Act to allow employees to recover punitive damages for gender discrimination and would require employers to […]

“Honest Belief” May Shield Employers

Recently, in Seeger v. Cincinnati Bell Telephone Co.(CBT),  the Sixth Circuit Court of Appeals held that CBT’s “honest belief” that Seeger had engaged in disability fraud shielded it from liability for retaliatory termination under the Family Medical Leave Act (FMLA). Seeger, a long time employee with CBT, developed a herniated disc in August 2007, and […]

NLRB Union Election Rule Held Invalid

A federal judge recently ruled that the National Labor Relations Board (“NLRB” or “the Board”) rule designed to expedite union elections is invalid since the rule was not approved by a quorum of the Board. In late December, the NLRB published a new rule that changed the procedures for private sector union elections by, among […]

Senate Democrats Call On Congress to Pass the Paycheck Fairness Act

On May 23, 2012, a group of Senate Democrats, led by Senator Barbara Mikulski (D-MD) along with various interest groups called on Congress to pass the Paycheck Fairness Act (S. 797 and H.R. 1591) which was introduced in 2011 by Senator Mikulski and Representative DeLauro (D-CT) in 2011 and would update the Equal Pay Act. […]