On April 20, 2015, the Equal Employment Opportunity Commission (EEOC) officially published a Notice of Proposed Rulemaking (NPRM) providing guidance to employers as to how they can craft and implement employee wellness programs without violating the Americans with Disabilities Act (ADA), which generally prohibits employers from making disability-related inquiries to employees or requiring that employees undergo medical examinations.
Who does it apply to: The law applies to all employers with 15 or more employees.
The Division of Advice of the National Labor Relations Board’s Office of the General Counsel has determined that a “Burns” successor employer was permitted to add supervisory functions to job duties of the predecessor employer’s union-represented nurses because it timely informed the nurses and the union of its intention to do so.
The National Labor Relations Board’s General Counsel’s Office, Division of Advice, has ordered dismissal of an unfair labor practice charge alleging bad faith “regressive” bargaining by a union.
Drafting an effective employment agreement or release has become a challenging endeavor for a new reason. In Golden v. California Emergency Physicians Medical Group, the U.S. Court of Appeals for the Ninth Circuit added another source of concern to those employers who deploy “no re-hire” provisions in releases.