Collazo Florentino & Keil LLP's Developments in Labor and Employment Law Blog

Do Implicit Attitudes Interfere with Diversity Efforts?

Although many companies recognize the value of a workforce that is diverse and inclusive, and may have intuitive if unexamined ideas about what kinds of variation should be counted in measuring diversity, it isn’t easy to find concise, well-explained discussions of how diversity can be promoted and maintained. In particular, many employers struggle to enhance […]

Second Circuit Finds Arbitration Agreement Insufficient to Block Employees’ Misclassification Claims.

With many changes in labor and employment law over the past few years, it’s not unusual for employers to react quickly to each concern as it arises but miss opportunities for a more comprehensive and holistic approach.  For example, an employer might respond to the rising costs of litigation by entering arbitration agreements with its […]

NLRB Dismisses Petition to Unionize Northwestern University Football Players

In January 2014, Northwestern University football players receiving athletic scholarships filed a petition with the National Labor Relations Board (the “NLRB” or “Board”) seeking to certify the College Athletes Players Association (“CAPA”) as their collective bargaining representative. Northwestern University opposed the players’ petition, arguing, among other things, that the student athletes were not “employees” under […]

Extreme Pressure Tactics in Investigatory Interviews May Create Employer Liability

A recent decision from the Southern District of New York serves as a cautionary example for employers investigating suspected employee misconduct. Shkreli v. JPMorgan Chase Bank, N.A., 13 Civ. No. 5647 (LGS) (S.D.N.Y. March 27, 2015). During an internal review, JPMorgan Chase Bank (“Chase”) began to suspect that one of its Personal Bankers – Robert […]

SCOTUS Addresses EEOC’s Conciliation Obligation in Mach Mining, LLC v. Equal Employment Opportunity Commission

On April 29, 2015, the Supreme Court issued a decision in Mach Mining, LLC v. Equal Employment Opportunity Commission that addressed a disagreement among the Circuit Courts on whether employers have grounds for challenging the adequacy of the EEOC’s efforts to resolve allegedly discriminatory practices through informal means before resorting to litigation.  In some cases, […]

Navigating Sensitive Conversations

A senior executive exhibits behavior that might indicate substance abuse; an employee coping with side effects of pain medication becomes accusatory and combative; an employee seems not to understand the difference between whistleblowing and insubordination – these situations require a firm, timely, and sensitive response that many managers are ill-prepared to provide. Internal business pressures […]

NLRB Rejects Employees’ Request to Withdraw ULP Charge After $900,000 Settlement with Employer.

There may be a growing trend in which employees’ attorneys file claims in multiple forums, including the National Labor Relations Board (the “Board”) as a way of escalating the employer’s costs and so increasing the company’s incentives to reach an early settlement.  This tactic depends, in the long run, on the employees’ ability to withdraw […]

National Labor Relations Board Office of the General Counsel Issues Guidance on Employer Policies

Recently, employer policies and agreements have come under much scrutiny from various government agencies.  As has been detailed in a prior Client Alert, the EEOC has been diligently monitoring separation agreements to ensure that the agreements do not, in its view, “discourage or prohibit individuals from exercising their rights under employment discrimination statutes.”  Just yesterday, […]

Supreme Court Establishes New Framework for Pregnancy Accommodation Cases

Employers often have occasion to consider the scope of their responsibility to accommodate pregnancy-related work restrictions, and there have been sharp disagreements over the correct interpretation of federal law on this issue.  On March 25, 2015, the U.S. Supreme Court has clarified the employer’s federal obligations in Young v. United Parcel Service, Inc., No. 12-1266, […]

Responding to Suspected FMLA Misuse

Suppose an employee requests two weeks of vacation, and the request is denied – perhaps on grounds of seniority or for operational reasons.  You then receive a doctor’s note stating that the employee needs two weeks of medical leave under the Family and Medical Leave Act (FMLA) for precisely the same dates as the earlier […]

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