Tuesday, July 12, 2016

Guilty Until Proven Innocent: NLRB Leveraging Executive Order to Pressure Contractors to Settle

The National Labor Relations Board (NLRB) recently announced that it intends to lord a new disclosure requirement over the heads of federal contractors to squeeze them to settle any allegations of labor violations, even though regulations implementing the requirement have not been finalized.

Friday, July 8, 2016

Fourth Circuit Applies 9-Factor Joint Employer Test; Affirms Dismissal of Discrimination Case

In August 2015, the U.S. Court of Appeals for the Fourth Circuit issued its decision in Butler v. Drive Automotive Industries of America, Inc., 793 F.3d 404 (4th Cir. 2015), wherein it expressly adopted the “joint employment doctrine” for cases brought under Title VII of the Civil Rights Act of 1964. This landmark case meant that employers in the Fourth Circuit—covering Maryland, Virginia, West Virginia, and the Carolinas—could be sued and potentially held liable for discrimination or harassment claims brought by workers who aren’t even on their payroll.