Articles and Blogs

On August 12, 2013, for the first time since August 21, 2003, the National Labor Relations Board has a full complement of five Senate-confirmed members. Four new members, all nominated by President Obama and confirmed last month by the U.S. Senate, have been sworn into office. NLRB Chairman Mark Gaston Pearce was also confirmed... READ MORE

When this statement was made by an employee during an EEOC mediation the employer was shocked to say the least.  Shocked and shaken by the employee’s outburst, the employer fired the angry employee within the hour.  True to his word, the employee then filed a federal law suit for retaliation for participating in the EEOC’s proceeding. ... READ MORE

The Administrative Review Board (“ARB”) ruled on July 22, 2013 that Florida Hospital of Orlando (“Florida Hospital”) is a covered federal subcontractor subject to Office of Federal Contract Compliance Programs’ (“OFCCP”) jurisdiction by virtue of its participation as a network provider under TRICARE.  The ruling comes nine months after the same panel of judges... READ MORE

It doesn’t happen often but when it does it can be a very big deal – personally.  Because of how the term “employer” is broadly defined by the Fair Labor Standards Act (“FLSA”) (which deals with wages, hours and overtime), it has long been possible for a manager to be considered an “employer” and... READ MORE

A question that employers very often face is whether an employee who leaves employment is entitled to be paid their accrued vacation pay.   The answer is:  it depends.  Courts in Indiana have addressed the vacation pay question for decades. But now, for the first time, the Indiana Supreme Court has spoken with clarity by... READ MORE

Expanded access to health coverage for employees and other individuals under the Affordable Care Act (“ACA”) is set to take effect in January of 2014.  However, employers should be aware that certain provisions of the Act require more immediate action on their part.  More specifically, employers are required to provide notice to employees of... READ MORE

Early this month, a Treasury official announced in a blog that the Obama Administration would delay implementation of certain health care coverage reporting requirements and the “pay or play” shared responsibility payments under the Affordable Care Act (“ACA”).  (See July 3, 2013 Hall Render blog post “Obama Administration Takes Its Foot off the Gas Pedal,... READ MORE

Late in the day on July 2, 2013, the Obama Administration announced via two blog posts that it will provide a one-year delay to the implementation of significant aspects of the Affordable Care Act (“ACA”) affecting employers.  This delay applies to: (1) the ACA’s new health care coverage reporting requirements applicable to employers, insurers... READ MORE

It has been a busy week for the Supreme Court as it reaches the end of its current term.  On Monday, two significant decisions were handed down that directly affect employment law.  The first was the Court’s clarification of the meaning of “supervisor” for purposes of Title VII discrimination.  The second decision deals with... READ MORE

Today, June 24, 2013, the U. S. Supreme Court cleared the air on the question of who is a supervisor for purposes of discrimination cases arising under Title VII of the Civil Rights Act.  In this case that has been pending since 2006, the Court, in a 5 to 4 decision, ruled that the... READ MORE