See AllPublications
- April 10, 2018
NLRB GC: Participating in Nationwide ‘Day Without Immigrants’ Is Protected Concerted Activity
April 10, 2018Participating in the February 2017 “Day Without Immigrants” demonstration was protected concerted activity, according to an August 30, 2017, advice memorandum released on March 13, 2018, by the National Labor Relations Board General Counsel’s Division of Advice. The memorandum concludes that a group of Mexican-American employees who... Read More
- August 11, 2017
Federal Law Does Not Preempt Connecticut Medical Marijuana Law Employment Discrimination Prohibition
August 11, 2017Federal law does not preempt the Connecticut medical marijuana statute’s prohibition on employers’ firing or refusing to hire qualified medical marijuana patients, even if they test positive on an employment-related drug test, the U.S. District Court for the District of Connecticut has held. Noffsinger v. SSC Niantic Operating Co., LLC,... Read More
See AllBlog Posts by Kathryn J. Barry
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NLRB General Counsel Seeks to Limit Use of Investigative Subpoenas in Unfair Labor Practice Investigations
April 5, 2019 The National Labor Relations Board’s Office of General Counsel is urging Regional Directors to limit their use of investigative subpoenas and instead issue complaints “based on the evidence available,” according to a March 13, 2019, memorandum obtained by Bloomberg Law. Read More
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Human Resources Employee Permitted to Pursue Discharge Claim
November 6, 2018 Rather than conduct in breach of an inherent duty of loyalty to the employer, the Eleventh Circuit Court of Appeals has ruled that a human resources representative engaged in protected activity under Title VII of the Civil Rights Act of 1964 when she referred a coworker who complained of discrimination to a plaintiff’s attorney. Read More
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Washington Law Limits Employer’s Right to Plaintiff’s Medical Records in Discrimination Cases
July 5, 2018 Effective June 7, 2018, employers defending claims brought under Washington’s Law Against Discrimination face a very constricted ability to be entitled to obtain a plaintiff’s medical records only if the plaintiff: (1) alleges a specific diagnosable physical or psychiatric injury as a proximate result of the defendant’s alleged conduct; ( Read More