All News

NLRB Posting Rule Enjoined Indefinitely

The Federal D.C. Circuit Court of Appeals has enjoined the National Labor Relations Board (NLRB) from implementing the notice posting rule (which would have required virtually every private employer in the country to post a notice regarding the rights of employees to organize and join a union) until the D.C. Circuit has fully considered the issue on appeal.  The posting requirement was scheduled to go into effect on April 30, 2012.

Delta Air Lines Signs Agreement with US DOL’s OSHA on Seat Belt Compliance Measures

Delta Air Lines Inc. signed a corporatewide settlement agreement with the U.S. Department of Labor's Occupational Safety and Health Administration to protect workers who operate baggage handling vehicles.  The agreement covers approximately 90 of the company's airport sites that fall under OSHA's jurisdiction, as well as 16,000 Delta employees and 6,000 baggage handling vehicles.

NLRB Posting Rule Struck Down

On April 13, 2012, a South Carolina federal district court held that the National Labor Relations Board "exceeded its authority in violation of the Administrative Procedures Act" with its notice posting rule, which would have required most employers to post a notice regarding the rights of employees to organize and join a union.  Chamber of Commerce of the United States v. NLRB, No. 2:11-cv-02516-DCN, U.S. District Court for the District of South Carolina (April 13, 2012).

EEOC Issues Final Rule Under ADEA

The Equal Employment Opportunity Commission  issued a final rule on March 30 amending its Age Discrimination in Employment Act regulations to conform with two U.S. Supreme Court decisions that recognized ADEA disparate impact claims and put the burden on employers to prove the act's “reasonable factors other than age” defense (77 Fed. Reg. 19,080), Smith v. Jackson, 544 U.S. 228, (2005), and Meacham v. Knolls Atomic Power Lab., 554 U.S. 84 (2008).  The commission's ADEA regulations are codified at 29 C.F.R. Part 1625.

Supreme Court Rules Congress Did Not Abrogate States' Immunity From FMLA's Self-Care Provision

Rejecting arguments that the self-care provision of the Family and Medical Leave Act, was geared toward remedying a pattern of sex discrimination, a four-justice plurality found that Congress did not reveal any evidence that state employees were subjected to sex-based discrimination in the provision of sick leave and short-term disability plans.  Thus, Congress did not validly exercise its power under Section 5 of the 14th Amendment when it abrogated states' sovereign immunity from lawsuits under the self-care provision of the FMLA (Coleman v. Ct. of App. of Md., U.S., No. 10-1016, 3/20/12).

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