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Colorado court rules use of 'medical marijuana' not 'lawful' under state's 'legal activities' Law

Jackson Lewis LLP
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USA
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April 29 2013

A Colorado appeals court has held that an employee's off-duty use of "medical marijuana," although allegedly in accordance with the state's medical

OSHA invites union and community organizers into non-union worksites

Jackson Lewis LLP
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USA
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April 16 2013

Organized labor may be very pleased with the Occupational Safety and Health Administration these days because of a recent Agency interpretation that

Random alcohol testing policy found job-related, consistent with business necessity, did not violate ADA

Jackson Lewis LLP
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USA
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March 19 2013

Upholding the validity of an employer's random alcohol testing policy for newer, safety-sensitive employees under the Americans with Disabilities Act

Setback to NLRB quickie election rule seen as Appeals Court halts argument set in employer challenge

Jackson Lewis LLP
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USA
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February 25 2013

The National Labor Relations Board may be facing further disappointment over its 2011 rule to speed up representation elections when the federal

NLRB general counsel advises on lawful 'at-will' employment policies, acknowledgments

Jackson Lewis LLP
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USA
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November 2 2012

The National Labor Relations Board, its General Counsel, and Regional Offices in recent years have focused enforcement efforts on employer policies that, in their opinion, restrict employee rights unlawfully under the National Labor Relations Act

Appeals court upholds pre-recognition agreement between union and employer

Jackson Lewis LLP
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USA
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November 2 2012

Even before recognition is extended, an employer and a union may enter into a letter of agreement (LOA) including general terms that are subject to further negotiation, a federal appeals has held, in agreement with the National Labor Relations Board, even though the LOA may become binding should arbitration become necessary

$750,000 EEOC settlement highlights pitfalls of drug testing for prescription medications by employers

Jackson Lewis LLP
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USA
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September 19 2012

An auto parts manufacturer has entered into a consent decree with the Equal Employment Opportunity Commission requiring it to pay $750,000 to a group of current and former employees at its Lawrenceburg, Tennessee facility based on allegations that company drug testing practices violated the Americans with Disabilities Act

Construction union's targeting neutral employer to pressure primary employer is unlawful coercion

Jackson Lewis LLP
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USA
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August 20 2012

A federal appeals court in St. Louis has upheld a National Labor Relations Board ruling against a union for violation of the National Labor Relations Act by refusing to enter into a collective bargaining relationship with a neutral subcontractor in order to force the construction manager (the primary) to sign a union contract, where a collective bargaining relationship was necessary for union subcontractors, such as the neutral, to perform work on union construction projects managed by the primary

NLRB "quickie election" rule still invalid for lack of board quorum, federal court says

Jackson Lewis LLP
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USA
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August 1 2012

A federal district court in Washington, D.C., again has ruled, in response to the NLRB’s motion to alter or amend the judgment, allegedly based on new evidence, that the National Labor Relations Board “quickie election” rule that went into effect on April 30, 2012, is invalid because only two members of the Board, instead of the three needed to make up a quorum, participated in the final vote to pass it

Union-relations privilege recognized in Alaska

Jackson Lewis LLP
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USA
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August 1 2012

In a unanimous decision, the Alaska high court has recognized a union-relations privilege for certain discussions between a union representative and a state employee

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