Last month, the United States Court of Appeals for the Fourth Circuit raised the stakes on what has become one of the most prominent topics in the labor law community in recent times with its 2-1 decision in National Labor Relations Board v. Enterprise Leasing Co. SE, LLC, 2013 WL 3722388 (4th Cir. July 17, 2013). Taking up a topic recently examined by the Courts of Appeal for the D.C. Circuit and the Third Circuit, the Fourth Circuit held that President Barack Obama’s appointment of three members to the five-person National Labor Relations Board (the “NLRB”) on January 4, 2012 (previously discussed here) was unconstitutional. This means that, according to the Fourth Circuit, the NLRB has been acting without the three-person quorum it is required to have in order to issue valid orders and decisions since January 4, 2012, when the appointment occurred.
Continue Reading Another Circuit Court Finds President’s NLRB Recess Appointments Unconstitutional
New Jersey Provides Unpaid Leave to Victims of Domestic Violence
On October 1, 2013, the New Jersey Security and Financial Empowerment Act (the “ Safe Act”) becomes effective. New Jersey joins a handful of states providing employees who are victims of domestic violence and sexual assault with certain rights, including 20 days of unpaid leave to deal with matters related to an incident of domestic violence or sexual assault.
Continue Reading New Jersey Provides Unpaid Leave to Victims of Domestic Violence
New Jersey Supreme Court Expands State Law Retaliation Claims
On July 17, 2013, the Supreme Court of New Jersey expanded the state’s already broad Law Against Discrimination (LAD), holding that an employee’s complaints about inappropriate workplace conduct need not identify any specific victim of discrimination or harassment to constitute protected activity. Rather, the court held, complaints about derogatory comments concerning a protected class can support a claim for retaliation under the LAD, regardless of whether those comments were made to or heard by members of the protected class.
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Second Circuit Imposes Individual Liability on New York Mayoral Candidate for Fair Labor Standards Act Settlement
On July 9, 2013, the United States Court of Appeals for the Second Circuit issued its opinion in Torres et al. v. Gristedes Operating Corp. et al., Case No. 11-4035, affirming the Southern District of New York’s imposition of individual “employer” liability on New York City mayoral candidate and supermarket owner and executive John Catsimatidis for settlement payments arising from a Fair Labor Standards Act (“FLSA”) class action litigation. The issue the Court faced was whether Catsimatidis was an “employer” within the meaning of Section 203(d) of the FLSA or Section 190(3) of the New York Labor Law (“NYLL”).
Continue Reading Second Circuit Imposes Individual Liability on New York Mayoral Candidate for Fair Labor Standards Act Settlement