Hunton Employment & Labor Perspectives

When it comes to disabled access and the Americans with Disabilities Act, it’s not just ramps and restrooms anymore. Now plaintiffs, the U.S. Department of Justice and disability rights groups are looking beyond brick-and-mortar issues and are seeking accessibility to company websites, particularly those websites where business is transacted.

The NLRB announced today that the agency is postponing the deadline for the new employee rights posters from November 14 to January 31 to “allow for further education and outreach.”

We’ll continue to monitor and advise, particularly as to how the various court challenges may affect the agency’s actions on this issue.

Hunton & Williams client Sodexo Inc. announced last week that it has settled its civil RICO lawsuit against the Service Employees International Union, marking the end of the SEIU's contentious two year corporate campaign against the company.  Sodexo had alleged that the union conduct constituted extortion under RICO. Earlier this summer, the U.S. District Court for the Eastern District of Virginia, in which the case was pending, denied the SEIU's motion to dismiss the case, finding that Sodexo had stated viable RICO claims.

Sodexo's racketeering suit is the latest in a series of ...

The Texas Supreme Court officially closed the door on the ability of workers’ compensation claimants to seek supplemental relief under the Texas Insurance Code.  In Texas Mutual Ins. Co. v. Ruttiger, --- S.W.3d ---, No. 08-751 (Tex. Aug. 26, 2011), the Court held that the Texas Workers’ Compensation Act (“Act”) preempts claims against workers’ compensation insurers for unfair or “bad faith” settlement practices under the Texas Insurance Code. 

Effective September 1, 2011, many Texas employers may no longer prohibit some employees from keeping guns in their vehicles while parked on company property. On June 17, 2011, Texas Governor Rick Perry signed SB 321, which amends Chapter 52 of the Texas Labor Code and makes it unlawful for a public or private employer to prohibit licensed or legally authorized employees from keeping a firearm or ammunition in a locked, privately owned vehicle in a parking lot, parking garage, or other employer-provided parking area. SB 321 will require many employers to revise the anti-weapon policies that likely have been in place for years.

The focus on social media by the National Labor Relations Board (“NLRB” or the “Board”) continues as evidenced by its recent report issued by Acting General Counsel Lafe Solomon.  The report discusses fourteen social media cases that were decided by the Board after Regional Directors submitted requests for advice to the Board’s Division of Advice.  The cases highlighted by Solomon give some insight to how the NLRB will handle various social media issues in the future.

The Fair Labor Standards Act, 29 U.S.C. 215(a)(3) ("FLSA") forbids an employer from retaliating against an employee for making prior FLSA complaints.  Simple concept, one would think.  But with most employment related legal issues, the "devil" is often in the details.  What is an "employee," exactly, under the FLSA?  Does it include an applicant for employment, who is retaliated against by a prospective employer?  A divided panel of the U.S. Court of Appeals for the Fourth Circuit recently ruled that the answer is "no," rejecting a claim that a prospective employer violated the FLSA by rescinding an employment offer to an applicant after learning about a FLSA lawsuit the applicant filed against her prior employer.  Dellinger v. Sci. Applications Int'l Corp., 2011 U.S. App. LEXIS 16635 (4th Cir. Aug. 12, 2011).

In the current economy, with unemployment over 9% and multiple applicants for every position, an out-of-work individual should be doing everything possible to get a new job, right? Perhaps, but not for purposes of “mitigation” under fair employment statutes.

On August 11, 2011, the U.S. District Court for the Western District of New York ruled that a fired employee alleging discriminatory discharge under Title VII had no obligation to enroll in vocational training in order to mitigate his damages from the alleged discrimination. EEOC v. Dresser Rand Co., No. 04-CV-66300, 2011 U.S. Dist. LEXIS 89466 (Aug. 11, 2011).

The NLRB announced today it has issued a Final Rule requiring employers to notify employees of their rights under the National Labor Relations Act (“NLRA”). A Fact Sheet  is also available. The rule is scheduled to be published in the Federal Register on August 30, 2011. It is effective November 14, 2011.

On August 8, 2011, the Second Circuit issued a decision in Millea v. Metro-North Railroad Co., taking an expansive view of the Family and Medical Leave Act’s (“FMLA”) anti-retaliation provision.  Turning to Title VII for guidance, the Court held that the jury should have received an instruction that broadly defined the term “materially adverse action.”