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NLRB Union Election Rule Struck Down

Foes of the National Labor Relations Board’s (NLRB) rule to shorten the process required to hold a union representation election scored a win when a court invalidated the rule on May 14, but the final outcome of the fight isn’t yet clear. The U.S. District Court for the District of Columbia ruled that the NLRB […]

Employer Faces More Fees as 11th Circuit Affirms $126K COBRA Penalty Award

A federal appeals court not only affirmed a ruling that an employer/plan administrator must pay more than $126,000 in penalties and legal costs for intentionally violating COBRA notice requirements, it also held that about $2,460 in expenses excluded from the legal award should be revisited by the lower court. The case is Evans v. Books-A-Million, […]

Don’t Get Tangled Up in Duct Tape: Lessons for Employers

By Ida Martin and Brian Smeenk The City of Mississauga was recently embarrassed by a video of two of its employees duct-taped together. They were squirming around on a table, taped by their hands, torsos, and feet. This was apparently a routine employee hazing. It was leaked to the media by an employee who had […]

6th Circuit Vacates Ruling That Telecommuting Is Reasonable Accommodation

A federal appeals court has vacated and agreed to rehear a recent opinion in which it held that permission to work from home can be a reasonable accommodation required by the Americans with Disabilities Act. In the now-vacated ruling, the 6th U.S. Circuit Court of Appeals departed from its precedent that “attendance” is almost always […]

Fast-food strikes, NLRB policies take center stage

A day after the National Labor Relations Board’s (NLRB) controversial “quickie election” rule took effect, low-wage workers across the country took to the streets in an effort to boost their pay and join unions. The Fight for $15 campaign, supported by the Service Employees International Union (SEIU), set April 15 as the date for the […]

The ACA: Do You Need to Train for Wellness Plan Requirements?

More of the provisions of the Affordable Care Act (ACA) have been officially implemented this year, and organizations still have many questions as to which rules and regulations apply to them. With wellness programs becoming more common, some wonder if they are governed by the ACA (and if so, what they need to train for). […]

Harassment: What Is the Best Response When I Get a ‘Hint’ That Inappropriate Behavior Is Occurring in the Workplace?

I’ve gotten hints and heard rumors through the grapevine about inappropriate activity going on in my company. In one case, a manager is allegedly “hitting on” a subordinate, and in another case, apparently employees are making fun of a co-worker on their project team because she is African-American. I don’t have any evidence or corroboration, […]