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Archive : July 2012

July 27, 2012

EEO Roundup: The Essential Role of “Essential Functions”

An issue that seems to be at the forefront of more and more Americans with Disabilities Act cases is whether the the plaintiff was able to perform the essential functions of the job in question, with or without reasonable accommodation.

July 25, 2012

Labor Stats and Facts: Which Unions Have the Biggest Work Stoppages?

As the scope of Houston’s janitors’ strike extends to other cities nationwide, let’s take a look at how SEIU compares with other major unions when it comes to the number of employees involved per work stoppage.

July 23, 2012

Labor Roundup: NLRB Rules on Flu Prevention For Nurses

The heat of July may not seem like the most appropriate time for a blog post about flu vaccination, but a recent National Labor Relations Board decision brought the issue of mandatory vaccinations for health care workers back to the fore of the labor world. The board recently ruled that a hospital did not violate the law when it implemented a flu-prevention program without bargaining with the nurses’ union.

July 18, 2012

Public Sector Roundup: Is Time Running Out for the U.S. Postal Service?

If you've been wondering exactly how much money the U.S. Postal Service has been losing lately, go to a website established by Sen. Tom Carper (D-Del.), chairman of the House Homeland Security and Governmental Affairs Subcommittee on Federal Financial Management, Government Information, and Federal Services, which has oversight over USPS.  

July 16, 2012

Q&A: Ensuring Contractors’ Buy-In, OFCCP Reforms Are on Same Page

Valerie J. Vickers, board chair of the National Industry Liaison Group, asserts that federal contractors deserve a prominent seat at the table as the Office of Federal Contract Compliance Programs aims to overhaul regulations to ensure contractors are not discriminating against applicants and workers based on race, sex, disability and veteran status.

July 13, 2012

EEO Roundup: A Weighty Decision? Considering the Impact of State Court Decisions

A question I’ve frequently considered in deciding which cases to report on is what value, if any, do state court decisions hold for employment discrimination lawyers in other jurisdictions?

July 11, 2012

Labor Stats and Facts: When Workers File ULPs Against Their Own Unions

Employers aren't the only ones that get hit with unfair labor practice charges. Unions also can be a target. Sometimes, these charges come from the employer. But most ULP charges leveled against unions come from a source that might surprise you: the unions’ own members.

July 6, 2012

Labor Roundup: California Court OKs Prevailing Wage Exemptions

The Supreme Court wrapped up its term last week, with the release of the long-awaited decision on President Obama's health care overhaul law. But at the state level, the California Supreme Court this week released a decision that will have ramifications throughout the nation's most popular state.The issue? Whether cities are obligated to pay construction workers prevailing wages on municipal projects.

July 4, 2012

Public Sector Roundup: Scrutiny of Federal Conferences Likely to Continue

Mind readers and bicycle building exercises likely will never again be featured at a federal training conference in the wake of the scandal involving the General Services Administration's 2010 Western Regional Conference, where a Las Vegas conference for approximately 300 GSA employees cost more than $822,000.  

July 3, 2012

Q&A: EPLI's Got Your Back

Employment practices liability insurance (EPLI) has been on the market for over 20 years, but a slow economic recovery and increased enforcement activity by federal civil rights agencies have produced new trends affecting claims covered by EPLI, says Thomas P. Hams, EPLI practice leader for Aon Risk Solutions.

July 2, 2012

EEO Roundup: Did NLRB Decision Pump New Life Into Class Arbitration Debate?

What is the impact of D.R. Horton, or Dukes and Concepcion? Only time will tell, but the recent developments in the longstanding battle between employee advocates and employers over the fairness of arbitration clauses and class action waivers, which was once thought to have been settled largely in favor of employers, rages on.