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Another NLRB recess appointment ruled invalid

Nearly four months after an appeals court ruled that recess appointments to the National Labor Relations Board (NLRB) made in 2012 were invalid, another appellate court has ruled a previous recess appointment unconstitutional. The U.S. 3rd Circuit Court of Appeals ruled May 16 in NLRB v. New Vista Nursing & Rehab. that President Barack Obama’s […]

Employment Law Tip: Tomorrow Is Deadline for Cal-OSHA Posting

Tomorrow, February 1, is the deadline for posting the Cal-OSHA Form 300A, annual summary log of injuries and illnesses that occurred in 2006. The form must remain posted until April 30, 2007. Even if you had no recordable injuries or illnesses in 2006, you must still post a summary with zeros in the total line. […]

Supreme Court Raises Bar for Class Actions

In a ruling that will make it more difficult for employees to mount massive class action lawsuits against employers, the U.S. Supreme Court has reversed class certification previously granted to 1.5 million female Wal-Mart employees alleging sex discrimination against the retail chain. Overturning a 9th U.S. Circuit Court of Appeals opinion, the Court found that […]

News Notes: Year-Round Alternative Work Not Required For Injured Seasonal Employees

Seasonal workers who are hurt on the job are not entitled to 12 months of continuous modified or alternative work as a replacement for vocational rehabilitation benefits, a California Court of Appeal has ruled. The case involved Jennifer Henry, a ski instructor at Mammoth Mountain Ski Area. After she injured her back, Henry requested vocational […]

News Notes: EEOC Backlog Reduced; Race Bias Charges Most Common

Although the Equal Employment Opportunity Commission (EEOC) has receivedan average of more than 85,000 charges a year since 1992, the agency recentlyannounced it has slashed its pending caseload by nearly half in the lastthree years, partly by offering more mediation-based alternative disputeresolution. Complaints of race discrimination top the list (36% of allcharges filed), followed by […]

A More Flexible Contraceptive Mandate? Carve-outs for Religious Organizations Look Likely

After increasing hammering from conservatives, the White House looks like it is ready to compromise on health reform’s contraception mandate. The administration had included contraceptives and sterilization in its list of preventive services all (except the few grandfathered) plans must cover starting plan years in August 2012. It had offered a year-long delay to religious […]