Recent Blog Posts
What Northwestern’s Football Player Union Could Mean
On April 25, 2014, 76 student athletes from Northwestern University cast their votes on whether the players should certify a union to bargain on their behalves under the National Labor Relations Act (NLRA). While the results of the election may not be known for some time — and are certain to have significant ramifications… Read More »
U.S. Supreme Court Rules that Severance Payments are Considered Wages
Quality Stores was in financial trouble in 2001 when it began offering its employees severance packages. The question presented in United States v. Quality Stores, Inc. was whether severance payments from employers to employees constitute “wages” under the Federal Insurance Contributions Act (FICA). FICA is a mandatory federal payroll tax imposed on employers and… Read More »
U.S. Supreme Court Determines Scope of Whistleblower Protection under the Sarbanes-Oxley Act
In Lawson v. FMR LLC, whistleblowers worked for mutual fund advisers, rather than the public company mutual funds. The Court of Appeals determined they did not fall within the whistleblower protections of the Sarbanes-Oxley Act of 2002. The Court of Appeals held that the protections only applied to employees of public companies, not those… Read More »
U.S. Citizenship and Immigration Services Issues H-1B Visa Timetable
Many U.S. technology companies use the H-1B visa program to hire foreign workers with highly specialized knowledge in fields like science and engineering. On April 1, 2014, the U.S. Citizenship and Immigration Services (USCIS) began to accept H-1B petitions subject to the fiscal year (FY) 2015 cap. According to a USCIS press release, the… Read More »
When Business Partners Go Their Separate Ways
Some business partnerships — like marriages — do not last forever. How you manage the split can mean the difference between exiting as friends or losing money, clients, resources and assets. Protect your interests and investment to come out as whole as possible at the end of the process. Severing a business partnership Business… Read More »
USCIS Reaches U Visa Cap
Due to the overwhelming success of the program, United States Citizenship and Immigration Services (USCIS) has reached its statutory cap for the issuance of U Visas, as it has every year since the program was created. The U Visa, a special nonimmigrant visa, allows victims of certain exploitative and violent crimes to remain in… Read More »
NLRB Reissues Expedited Union Election Rules
In 2011, business advocates across the nation balked at the National Labor Relations Board’s (NLRB’s) attempt to modernize labor union election procedures and expedite elections. Opponents argued that these new rules — dubbed “ambush election” rules by opponents — would deprive management of a fair opportunity to make a case against unionization to their… Read More »
Supreme Court Considers “Fair Share” Laws
Over the last several decades, public sector unions that represent state and local government employees have steadily increased in power and influence in the United States. This has partially been due to the ability of these unions to enjoy a stable stream of revenue due to “fair share” laws that allow them to collect… Read More »
High Court Case Takes on “Donning and Doffing” Under the FLSA
Despite the fact that the Fair Labor Standards Act (FLSA) has been in effect for almost 75 years, there are still instances where its nuances require judicial interpretation. One issue that arises from time to time is the extent to which union-negotiated collective bargaining agreements can override certain provisions of the FLSA. In a… Read More »
US Supreme Court Clarifies Causality Standard for Retaliation Cases
Employee charges and lawsuits for discrimination under federal law frequently go hand-in-hand with allegations of retaliation. These types of charges can be particularly damaging to employers from a public relations perspective because they are almost always premised upon allegations of deliberate and premeditated action by the employer. They are also a threat legally because… Read More »
