Monday, April 29, 2013

NLRB Offers Guidelines on Confidential Investigations


On April 16, 2013, the National Labor Relations Board (NLRB) released an Advice Memorandum with regard to confidential investigations and employees’ rights under Section 7 of the National Labor Relations Act (NLRA). In October 2012, we previously reported on the NLRB’s unprecedented decision in Banner Health Systems, that commonly conducted confidential internal investigations violate employees’ Section 7 rights. That section generally protects both unionized and non-unionized employees’ rights to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.

Monday, April 15, 2013

New Employment Laws Likely in Maryland


2013 has so far been a busy year for the Maryland legislature. While many of the higher profile legislative items—such as gun control, repealing the death penalty, and medical marijuana—may not have a major effect on businesses operating in Maryland, Paley Rothman’s Employment Law Group is committed to analyzing and assisting clients in understanding the latest changes to Maryland’s employment laws.
Each year, a great number of bills get sponsored on a wide variety of employment law issues. This year was no different as the legislature proposed bills restricting enforceability of non-compete agreements, implementing state family medical leave, requiring sick leave policies and mandating a minimum amount of sick leave, enlarging the right of employees to recover attorneys’ fees in lawsuits, establishing that an employee is civilly liable to employer for embezzlement, and more. As is typical, however, few make their way to the Governor or become law.

Monday, April 1, 2013

Circuits Split on Whether Risk of Relapse is a Disability


Departing from precedent, a recent decision by the First Circuit Court of Appeals has posed new questions about the limits to the discretion wielded by plan administrators in interpreting and administering employee benefit plans.