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Henry S. ShapiroBlog Posts

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Recent Senate Confirmations Cement Democrat Control of NLRB

The Senate confirmed two union lawyers – David Prouty and Gwynne Wilcox – to seats on the National Labor Relations Board (NLRB) on July 28, 2021, ensuring a Democratic majority for the first time in almost four years. This follows the Senate’s confirmation of Jennifer A. Abruzzo, President Joe Biden’s nominee for General Counsel of... Continue Reading
August 2, 2021

New York Updates COVID-19 Guidance Including Daily Health Screening Requirements

On June 8, 2021, New York State updated the NY Forward Guidance for several industries, including office-based and food services employers, with changes that many people feel are overdue. In addition to incorporating updated mask, physical distancing, and capacity rules that have been in place since New York adopted the Centers for Disease Control and Prevention... Continue Reading
June 9, 2021

New York Updates COVID-19 Guidance Including Daily Health Screening Requirements

On June 8, 2021, New York State updated the NY Forward Guidance for several industries, including office-based and food services employers, with changes that many people feel are overdue. In addition to incorporating updated mask, physical distancing, and capacity rules that have been in place since New York adopted the Centers for Disease Control and Prevention... Continue Reading…
June 9, 2021

New York State, Modified New York City Sick and Safe Leave Obligations Fully Effective January 1

The New York State Paid Sick Leave Law and the amendments to the New York City Paid Safe and Sick Leave Law expanding employees’ paid sick leave entitlements will go into full effect on January 1, 2021. The state law went into effect on September 30 for the purpose of accrual of paid sick leave, and employees not previously... Continue Reading
December 22, 2020

Unions Must Publicly Report More Financial Information

Pursuant to a controversial new rule passed by the U.S. Department of Labor (DOL), “Labor Organization Annual Financial Reports for Trusts in Which a Labor Organization Is Interested,” unions must disclose how certain union-controlled trusts spend and invest their funds. The rule requires unions with revenue in excess of $250,000 to file annual reports (Form... Continue Reading
March 20, 2020

Labor Board: Is Union’s Inclusion of Weingarten Rights Statement in Collective Bargaining Agreement Coercive?

The National Labor Relations Board (NLRB) has remanded a 2013 decision to an administrative law judge to determine whether the Board’s landmark 2017 decision on work rules and policies affects its 2013 determination that a union did not violate National Labor Relations Act (NLRA) Section 8(b)(1)(A) by unilaterally including a Weingarten rights statement on the … Continue Reading The post Labor Board: Is Union’s Inclusion of Weingarten Rights Statement in Collective Bargaining Agreement Coercive? appeared first on Labor & Collective Bargaining.
April 5, 2019

Seventh Circuit Affirms Summary Judgment for Employer That Terminated Disabled Employee for Misconduct

The Seventh Circuit Court of Appeals recently upheld dismissal of failure to accommodate and disability discrimination claims where, for several years, the employer provided accommodations relating to plaintiff’s mental health (including directing co-workers not to startle plaintiff). Scheidler v. State of Indiana et al. Despite that admonition, a supervisor reached toward her with a choking...… Continue Reading
February 26, 2019

Seventh Circuit Affirms Grocery Store Employee’s Same-Sex Harassment Title VII Victory

A male employee working in the meat department of his local grocery store prevailed in his Title VII sex discrimination claim alleging an unlawful hostile environment harassment created by his male coworkers and male supervisor. Following a verdict in plaintiff’s favor at the trial court level, the employer appealed to the U.S. Court of Appeals...… Continue Reading
August 31, 2018

Fifth Circuit Finds Employer’s Peer Review Process Does Not Constitute an Adverse Employment Action

The Fifth Circuit recently affirmed the granting of summary judgment to an employer dismissing a Title VII race discrimination claim. In Stroy v. Gibson, an African American primary care physician employed by the Department of Veterans Affairs alleged race discrimination following a peer review committee determination that competent practitioners would have managed the treatment of...… Continue Reading
July 31, 2018

Employer’s Ultimatum Supports Employee’s ADA Failure to Accommodate Claim

The United States District Court for the Southern District of Alabama in McClain v. Tenax Corp. recently denied in part an employer’s motion for summary judgment on a disabled employee’s failure to accommodate claim under the ADA.  The Court held the ADA-required interactive process never took place where the employer’s issued an ultimatum to the...… Continue Reading
February 6, 2018

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