Court upholds NLRB's posting requirement, but strikes down key enforcement provisions *

USA - March 5 2012
Judge Amy Berman Jackson of the United States District Court for the District of Columbia upheld the key provision of a National Labor Relations Board rule that requires employers to post notices of employee rights under the National Labor Relations Act in the workplace by April 30, 2012, but also found that the rule's enforcement provisions exceeded the Board's authority and were, therefore, struck down.

Co-authors: Paul Salvatore, Ronald Meisburg, Michael J Lebowich, Allan H Weitzman, Bernard M Plum.

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Individual liability for supervisors under the FMLA, says the Third Circuit *

USA - February 23 2012
In Haybarger v. Lawrence County Adult Prob. & Parole, No. 10-3916, 2012 WL 265996 (3d Cir. Jan. 31, 2012), the United States Court of Appeals for the Third Circuit recognized, for the first time, that a supervisor of a private employer may be held individually liable for violations of the Family and Medical Leave Act ("FMLA"), 29 U.S.C. § 2601, et seq.

Co-authors: Jeremy M Brown, Lawrence R Sandak, John P Barry, Daniel L. Saperstein.

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The American Jobs Act proposes to prohibit discrimination based on unemployment status *

USA - September 14 2011
On September 12, 2011, President Barack Obama delivered the American Jobs Act of 2011 ("AJA") to the U.S. Congress in the hope of stimulating economic growth and alleviating unemployment.

Co-authors: Lawrence Z Lorber, Lawrence R Sandak, John P Barry, Daniel L. Saperstein, Steven Yarusinsky.

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Following the lead of the U.S. House of Representatives, the U.S. Senate proposes to prohibit discrimination based on unemployment status *

USA - August 9 2011
On August 2, 2011, the U.S. Senate proposed S. 1471 to complement the recently proposed bill in the U.S. House of Representatives, H.R. 2501.

Co-authors: Lawrence R Sandak, John P Barry, Daniel L. Saperstein, Steven Yarusinsky.

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The NLRB allows employer and union to agree to contract framework as part of neutrality agreement *

USA - December 10 2010
In a long-watched case, the National Labor Relations Board ("Board") has dismissed a complaint that an auto parts manufacturer entered into an unlawful letter of agreement ("LOA") with a union establishing ground rules for union organizing, voluntary recognition and substantive issues to be addressed in collective bargaining for its yet-to-be-organized employees.

Co-authors: Mark W Batten, Ronald Meisburg, Mark Theodore, Michael J Lebowich, Allan H Weitzman.

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