An employee bought and used a purportedly THC-free tincture for his pain, but he tested positive for THC on a drug test, so he was fired from his job.He sued the maker of the tincture under RICO.Note that RICO won’t apply to a personal injury such as loss of employment. But the US Supreme Court
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William B. Cowen appointed Acting General Counsel of the NLRB.
By Ross Runkel
Press release, February 03, 2025:Today, effective immediately, President Donald J. Trump appointed William B. Cowen Acting General Counsel of the National Labor Relations Board. Prior to today’s appointment, Mr. Cowen served as Regional Director in the Agency’s Los Angeles Regional Office (Region 21) since 2016.“I am truly honored to be asked to serve as Acting…
Acting NLRB GC is fired
By Ross Runkel
The President on Saturday fired NLRB Acting General Counsel Jessica Rutter, four days after firing General Counsel Jennifer Abruzzo.
NLRB GC speaks
By Ross Runkel
From the NLB on February 01, 2025:This provides notice to the public that pursuant to the National Labor Relations Act, 29 CFR 102.178, and applicable case law, the NLRB Office of the General Counsel’s Field Offices will continue their normal operations of processing unfair labor practice cases and representation cases.Further, under 29 CFR 102.182 during…
President fires NLRB Member and General Counsel
By Ross Runkel
The President has fired NLRB Member Gwynne Wilcox—an unprecedented move that leaves the Board without a quorum and thus unable to act. The statute says Members can be removed “by the President, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause.” But many employers have been arguing…
SCOTUS: Prove FLSA exemptions using the preponderance-of-the-evidence standard
By Ross Runkel
A unanimous Supreme Court on Wednesday held that FLSA exemptions are proved using the preponderance-of-the-evidence standard, not the clear-and-convincing evidence standard. EMD Sales v. Carrera (US S Ct 01/15/2024) [PDF] The case involved sales representatives who claimed they were denied overtime payments. The employer argued they were outside salesmen and therefore exempt. The…
NLRB's Thryv remedies shot down
By Ross Runkel
Back in 2022 the NLRB announced that it will routinely award additional remedies for employees who are unlawfully terminated. This required employer to compensate employees for any direct or foreseeable pecuniary harms incurred as a result of the unlawful adverse actions against them, including reasonable search-for-work and interim employment expenses, if any, regardless of whether…
Employment law pop quiz #20 – Denial of a transfer
By Ross Runkel
Is denial of a transfer an “adverse employment decision”?Some courts are saying “No.” So no Title VII violation.A recent example: Bradley v. Ohio County Bd of Ed (West Virginia Ct App 11/12/2024) [PDF]. Bradley alleged that she was denied a transfer for 16 positions, and those positions were filled by individuals under the…
Judge stops FLSA rule—nationwide
By Ross Runkel
Nationwide: FLSA minimum salary threshold increases for the white-collar overtime exemption held invalid.A federal judge in Texas has invalidated—on a nationwide basis—three recent changes in the Department of Labor’s regulations governing the salary threshold for the FLSA’s “white collar” overtime exemption:(1) The July 1, 2024 increase from $684 per week to $844 per week.(2) The…
NLRB: Captive audience speeches are unlawful.
By Ross Runkel
For 76 years it has been lawful for an employer to require employees under threat of discipline or discharge to attend meetings in which the employer expresses its views on unionization.The NLRB now says that is a violation of the National Labor Relations Act.The decision is Amazon.com Services LLC (11/13/2024) [PDF].The Board did…