Tuesday, May 28, 2013

Ethan Don was published in the June 2013 edition of CPA Practice Management Forum

Ethan Don was recently published in the June 2013 edition of CPA Practice Management Forum. His article entitled "Background Checks: When and How to Use Them" outlines how employers can use background checks effectively while minimizing liability. The full article can be found here.

Thursday, May 23, 2013

Maryland Toughens Rules Against Pregnancy Discrimination


On May 16, 2013, a Maryland law was approved which substantially modifies existing protections against pregnancy-related discrimination and appears to create something resembling “most favored nation” status for pregnant workers.  All Maryland employers with more than 15 employees need to pay close attention to the new law because it changes human resource management protocol for dealing with pregnant employees,  requires more posters be displayed in the workplace and mandates modifications to employee handbooks.  The law is scheduled to take effect  October 1, 2013.

Wednesday, May 22, 2013

Another Setback for NLRB Recess Appointments


The National Labor Relations Board (NLRB) received yet another setback from a federal appellate court on May 16, 2013 as the U.S. Court of Appeals for the Third Circuit, ruling in NLRB v. New Vista Nursing and Rehabilitation, became the second federal appellate court to hold that President Obama’s appointments to the NLRB violated the U.S. Constitution’s Recess Appointment Clause. As if that were not bad enough, the Third Circuit made this ruling not in the context of President Obama’s now-infamous January 2012 “recess” appointments, but in evaluating the legality of former NLRB member Craig Becker’s appointment on March 27, 2010, which occurred during a two-week adjournment of the Senate. It is safe to say that this case dramatically expands the scope of potentially invalid NLRB decisions.

Thursday, May 9, 2013

D.C. Circuit Strikes Down NLRB Poster Requirement


On the heels of its ruling that the National Labor Relations Board (NLRB) has lacked a quorum to act since January 3, 2012, the U.S. Court of Appeals for the District of Columbia Circuit again last week rebuked the NLRB by holding that it lacks the authority to require employers to post a notification of employees’ unionization rights on their premises and websites. The NLRB’s poster rule would have required over six million employers across the nation to post an 11 x 17 inch notice informing employees of, among other things, their right to: