In yet another reversal of precedent, the National Labor Relations Board has ruled that students who perform work for a university for which they are compensated can form and join labor unions under the National Labor Relations Act. Key to the Board’s holding was that these students, including teaching assistants and research assistants, were more
Adam Santucci
To Enforce a Call-off Policy or Not to Enforce a Call-off Policy; that is the Question
By Adam Santucci on
This post was contributed by Erica Townes, a McNees Summer Associate. Ms. Townes is a rising third year law student at the Widener University Commonwealth Law School and is expected to earn her J.D. in May of 2017.
Recently you’ve noticed that an employee takes FMLA-covered leave the same week every year or always seems…
DOL Issues Final Rule Amending FLSA Overtime Exemption Tests
By Adam Santucci on
Posted in Uncategorized
McNees recently issued an Employer Alert regarding the U.S. Department of Labor’s new Fair Labor Standards Act regulations, which significantly change the FLSA’s white collar overtime exemptions. You can review the Employer Alert by clicking here.
Please feel free to reach out to any member of the McNees Labor and Employment Team to discuss…
Deflategate Update
By Adam Santucci on
Posted in Unions
An appeals court recently reinstated the four game suspension issued to Tom Brady by the National Football League. The Patriots quarterback previously had his four game suspension reversed by the United States District Court for the Southern District of New York, but in a 2 to 1 decision, the Second Circuit Court of Appeals overturned…
THE DEFEND TRADE SECRETS ACT: COMING TO A FEDERAL COURT NEAR YOU; THE FEDERALIZING OF TRADE SECRET AND POST-EMPLOYMENT CONDUCT LAW
By Adam Santucci on
Posted in Workplace Trends
This post was contributed by Alan Boynton, Chairman of McNees’ Injunction Practice Group.
On April 27, 2016, the United States House of Representatives voted 410-2 to approve the proposed Defend Trade Secrets Act (DTSA). The vote follows the Senate’s unanimous approval of the bill. President Obama has stated that he will sign the…
McNees Podcast: Social Media Policy Best Practices
By Adam Santucci on
Posted in Social Media
Learn all about best practices for your social media policies via the latest McNees podcast. Click here to view the podcast.
McNees Podcast – The Ever-Expanding Rights Under the NLRA
By Adam Santucci on
Posted in Employer Liability, Unions
We have written often about the National Labor Relations Board’s expansive view of employee rights under the National Labor Relations Act. In our latest podcast, we discuss employee rights under the Act and best practices for employers to avoid complaints.
Click here to watch!
The National Labor Relations Board 2015 Year in Review
By Bruce D. Bagley & Adam Santucci on
Posted in Employer Liability, Unions
To mark the 80th birthday of the National Labor Relations Act, the National Labor Relations Board apparently decided to make history in 2015. The Board did just that, issuing several ground breaking decisions, and in the process addressed facts and circumstances that could not possibly have been contemplated in 1935. The ramifications of the Board’s…
UPDATE: Employee Tip Pooling – Don’t Say We Didn’t Warn You!
By Adam Santucci on
Posted in Wage & Hour
We have talked with you in the past about the risks of allowing employees to pool or share tips. This is a pretty common practice in the food service industry, but there can be concerns because of the complexity of compliance with the Fair Labor Standards Act and state wage and hour laws. We…
Deflategate: Four Games and Four Lessons for Unionized Employers
By Adam Santucci on
Posted in Unions
This week would have marked the return of Tom Brady, had his four game suspension not been reversed by the United States District Court for the Southern District of New York. Much ink has been spilled over Brady’s suspension for his [alleged] involvement in using deflated footballs and the subsequent cover up, and Brady’s appeal…