Labor and Employment Law Cocktail

National Labor Relations Board Proposes Notice-Posting Requirement by Timothy M. McConville, Esq.

In the wake of organized labor’s failure to obtain passage through the last Congress of its prized card-check legislation, the National Labor Relations Board (“NLRB”) appears intent on lending organized labor a hand through the regulatory process.  The Board in December 2010 issued a Notice of Proposed Rulemaking, proposing that employers be required to notify employees of their rights under the National Labor Relations Act (“NLRA”) by posting a notice.  The proposed rule would apply to the private-sector employers who are subject to the NLRA, which excludes agricultural, railroad and airline employers. 

UPDATE: Final Regulations Issued for DC Sick and Safe Leave Act by Charity M. Price, Esq.

On June 18, 2010, the District of Columbia published final regulations implementing the provisions of the Accrued Sick and Safe Leave Act (the “Act”).  The main provisions of the Act can be found here, in a previous blog post.  The regulations clarify two main issues raised after the passage of the Act: (1) how is “employee” defined; and (2) when do employees begin to accrue leave?  

Personal Liability of Supervisors for Retaliation Not Barred by Res Judicata Despite Identical Prior Claims Against Them in their Official Capacity by Lauren Piana, Esq.

The Fourth Circuit recently reversed the dismissal of a §1983 retaliation claim by the U.S. District Court for the Western District of Virginia, and remanded the case for further proceedings, holding that supervisors who allegedly retaliated against plaintiffs under §1983 could be sued in their individual capacities, even though there had been previous administrative hearings which made the same allegations against the supervisors in their official capacities.