Rarely Performed Job Functions May Still Be “Essential” Under ADA

By | Labor & Employment Report | February 16, 2017
Following up on my recent post, “Employer May Change Essential Functions of the Job,” I thought we’d discuss another little-mentioned aspect of essential job functions under the Americans with Disabilities Act – job functions that are rarely performed can still be essential! As we’ve previously discussed, the ADA protects employees with disabilities who, View Full Post
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Union Violates Employee’s Right to Engage in Protected Social Media Activity

By | Labor & Employment Report | November 2, 2016
Union Violates Employee’s Right to Engage in Protected Social Media Activity As a die-hard management-side labor and employment attorney who has been frustrated with the recent flood of anti-employer decisions coming out of the National Labor Relations Board, I enjoy those infrequent moments when a union experiences a little of that pain – such as in the recent case of Laborers Union Local 91. View Full Post
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SEIU Expands Joint Employment Fight to the EEOC

By | Labor & Employment Report | October 7, 2016
SEIU Expands Joint Employment Fight to the EEOC As I mentioned in a recent post, “SEIU Fights Its Own Unionization,” the Service Employees International Union has been behind the push at the National Labor Relations Board to extend joint employer status to franchisors, like McDonald’s (meaning that McDonald’s would be deemed an employer of its franchisees’ employees). View Full Post
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