December 2015

OTHER CONCERNS ABOUT REFUSING TO HIRE OR DISCHARGING EMPLOYEES PRESENTING A NEW SOCIAL SECURITY NUMBER

May 13, 2016 | December 2015

In our March newsletter, we discussed a provision in the U.S. Citizenship and Immigration Services Handbook for Employers, Guidance for Completing Form I-9, which deals with a situation where an employee informs the employer that his or her identity is different from that previously used to complete Form I-9. The Guidance states that: "In that circums…

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CONCEPT OF DISPARATE TREATMENT EXAMINED CONCERNING APPLICATION OF ATTENDANCE RULES AND OTHERS COMMITTING SIMILAR OFFENSE

May 13, 2016 | December 2015

A recent case illustrates important principles concerning whether an employer has equally applied its attendance policies, as well as its other work rules. Watkins v. EFP, LLC, 125 FEP Cases 1756 (N.D. Ala. 2014). The African-American plaintiff first contended that the employer treated him differently than a similarly-situated white employee whe…

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RIGHT TO REPRESENTATION WHEN EMPLOYEE ORDERED TO TAKE DRUG TEST

May 13, 2016 | December 2015

A couple of recent cases from the National Labor Relations Board (NLRB) create additional issues for employers when unionized employees refuse to take drug tests, and/or demand some type of representation prior to taking such tests. Some 40 years ago the U.S. Supreme Court ruled in a case involving a unionized employer that, when an employee is questi…

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ELECTION RESULTS SINCE QUICKIE ELECTION RULE WENT INTO EFFECT IN APRIL

May 13, 2016 | December 2015

Jim Wimberly attended a presentation by the General Counsel of the National Labor Relations Board, Richard Griffin, in San Diego, California, on November 11, 2015. Griffin presented up-to-date election statistics on petitions filed for elections with the NLRB for the first six months under the new quickie election rules, running from mid-April to mi…

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