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Department Of Labor Affirms That FMLA Runs Concurrently With Paid Leave
On September 10, 2019, the Department of Labor (DOL) released a Family and Medical Leave Act (FMLA) Opinion Letter, FMLA2019-3-A
United States
27 Sep 2019
NLRB Changes Course On Unilateral Employer Action Standard
Executive Summary: In a 3-1 decision, the National Labor Relations Board (NLRB or the Board) reversed long-held Board precedent regarding when unionized employers may unilaterally change a term
United States
20 Sep 2019
U.S. Supreme Court Declines To Review Two Airline Industry Cases
The United States Supreme Court recently denied petitions to consider two U.S. Court of Appeals decisions adversely affecting the airline industry.
United States
10 Jul 2019
Airline Industry Alert: NMB To Hold Public Hearing On Proposed Rule To Simplify Process For Decertification Of Labor Unions
As previously reported, the National Mediation Board ("NMB") issued a Notice of Proposed Rulemaking ("NPRM") setting forth a proposal to amend its rules regarding the decertification of labor unions under the RLA.
United States
11 Mar 2019
Airline Industry Alert: NMB Announces Proposed Rule To Simplify The Decertification Process
On January 31, 2019, the National Mediation Board (NMB) published a proposed rule and request for comments to amend its regulations to provide for decertification of labor unions.
United States
7 Feb 2019
Airline Industry Alert: FAA Enacts Prompt Settlement Policy For Pilots Who Are First-Time Violators of Drug And Alcohol Testing Regulations
On October 1, 2018, a new Federal Aviation Administration (FAA) policy went into effect that allows commercial pilots who are first-time violators of certain drug and alcohol testing provisions the opportunity for prompt settlement with the FAA.
United States
12 Oct 2018
City Of Chicago Requires Airport Service Providers To Enter Into Labor Peace Agreements
Executive Summary: As of July 1, 2018, the City of Chicago, as owner and operator of Chicago O'Hare International Airport and Chicago Midway International Airport (the "Airports") ...
United States
30 May 2018
End Of The Year Updates From The Department Of Transportation And Federal Aviation Administration
The Department of Transportation (DOT) and Federal Aviation Administration (FAA) published a flurry of announcements to close out 2017. In addition to recapping several previous publications ...
United States
5 Jan 2018
Department Of Transportation Adds Four New Drugs To Testing Panel
Executive Summary: On November 13, 2017, the Department of Transportation (DOT) announced that it is amending its drug-testing program to require testing for synthetic opioids.
United States
23 Nov 2017
The Department Of Health And Human Services Revises Drug Testing Custody And Control Form
On August 8, 2017, the Department of Health and Human Services (HHS) announced that the Office of Management and Budget approved its revised Federal Drug Testing Custody and Control Form (CCF).
United States
4 Sep 2017
Virginia Supreme Court Refuses To Expand Bowman Doctrine For Wrongful Termination Of An At-Will Employee
In Bowman v. State Bank of Keysville, the Virginia Supreme Court first recognized an exception to the employment at-will doctrine based upon an employer's violation of public policy in the discharge of an employee.
United States
4 May 2017
Fourth Circuit Creates New Joint Employment Test Under The Fair Labor Standards Act
Executive Summary: The United States Court of Appeals for the Fourth Circuit recently issued a decision which clarifies and expands the circumstances under which entities may be held liable...
United States
6 Mar 2017
Airline Industry Alert: NLRB Rules Aircraft Cleaners Are Not Subject To The Railway Labor Act
On July 26, 2016, the National Labor Relations Board (NLRB) ruled that Menzies Aviation (USA), Inc. (Menzies) fell under its jurisdiction.
United States
12 Aug 2016
Fourth Circuit Backs NLRB On Supervisor Status
The Fourth Circuit recently upheld a finding of the National Labor Relations Board (NLRB) that four employees were not supervisors, even though each employee oversaw the daily work of between 22 and 40 workers.
United States
27 Jan 2016
EEOC Will Begin Pilot Program For Online Submissions In Response To Charge Notices
The Equal Employment Opportunity Commission (EEOC) recently announced a pilot program for online submissions in response to a Notice of Charge.
United States
5 May 2015
Third Circuit Finds That The Federal Railroad Safety Act's Anti-Retaliation Provision Does Not Cover Employees Treated For Off-Duty Injuries
Christopher Bala is a signal repairman employed by Port Authority Trans-Hudson (PATH). Under his union's contract with PATH, Bala was entitled to 12.5 paid holidays and 23 paid vacation days per year.
United States
31 Jan 2015
NLRB's Continuing Expansion Of Off-Duty Access Rights
In deciding whether to allow union organizers access to work sites, the NLRB has long balanced employers’ property rights with union rights under federal labor law.
United States
29 Oct 2014
NLRA Violation For Refusal To Allow Union Representation Prior To Drug Test
The National Labor Relations Board (NLRB or Board) recently held that an employer violated the National Labor Relations Act when it discharged an employee who refused to take a drug test without first consulting with his union representative.
United States
18 Aug 2014
Supreme Court Rules That Public Employee's Testimony Is Protected By First Amendment
The U.S. Supreme Court held that a public employee's testimony under subpoena, not part of his ordinary job duties, was entitled to First Amendment protection.
United States
4 Jul 2014
D.C. Council Seeks To Amend Wage Theft Prevention Act
The D.C. Council is seeking to amend the D.C. Wage Theft Prevention Act less than one year after the last amendment.
United States
15 May 2014
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