KMK Law Management Rights Blog

In a reversal of precedent, a divided National Labor Relations Board (“NLRB”) held yesterday that employees have a right to use their employers’ email systems for non-business purposes, including statutorily protected communications regarding the terms and conditions of their employment and regarding union organizing efforts. See Purple Communications, Inc., 361 NLRB No. 126 (December 11, 2014).  The NLRB’s ruling stemmed from a case brought by the Communications Workers of America union after it unsuccessfully attempted to organize employees of Purple Communications, Inc., a company that provides interpreting services for the deaf and hearing-impaired.  The union argued that prohibiting the company’s workers from using the company’s email system for non-business purposes and on behalf of organizations not associated with the company interfered with the CWA’s organizing efforts. 

On Tuesday, the Supreme Court issued a highly-anticipated ruling in the case of Integrity Staffing Solutions, Inc. v. Busk, No. 13-433 (Dec. 9, 2014, Thomas, C.).   

This Wednesday, December 3, 2014, the United States Supreme Court will hear oral arguments in the case of Young v. UPS, No. 12-1226, on appeal from the Fourth Circuit Court of Appeal.  The Young case has received significant attention because it asks the Court to directly address the question of what, if any, accommodation is required for a pregnant worker with work limitations under the Pregnancy Discrimination Act, incorporated into Title VII of the Civil Rights Act in 1978, where the employer provides work accommodations to non-pregnant employees with work limitations, such as those affected by on-the-job injuries or a disability as defined by the Americans with Disabilities Act.   

The U.S. Department of Labor's Occupational Safety and Health Administration (“OSHA”) issued a final rule on September 11, 2014, requiring employers to notify OSHA when an employee is killed on the job or suffers a work-related hospitalization, amputation or loss of an eye. The rule will go into effect on Jan. 1, 2015.  The rule also updates the list of employers partially exempt from OSHA’s recordkeeping requirements.

The recently-published video of NFL star-running back Ray Rice beating his then-fiancée in a casino elevator begs the question:  What should an employer do when it faces bad behavior by one of its employees?  And, does it matter if the employee is off-the-clock?

Companies with Kentucky employees need to review their non-competition agreements. 

Two  federal courts recently dealt with thorny issues stemming from defendant employers’ use of the attorney-client privilege and work product doctrine. These rulings should be heeded by those of us who develop or revise electronic data review protocols, particularly any  guidance for determining when to withhold documents under the attorney-client privilege or the work product doctrine.

Stressing that technology has made telecommuting easier, the Sixth Circuit yesterday revived the U.S. Equal Employment Opportunity Commission's claims that Ford Motor Co. failed to accommodate a worker with irritable bowel syndrome (IBS) by refusing her request to work from home most days. 

While the rest of us have been cheering on our favorite teams or sulking due to our busted March Madness brackets, Northwestern University has been fighting a different battle before the National Labor Relations Board (“NLRB”).  On March 26, 2014, a regional director for the NLRB ruled that football players at Northwestern qualify as “employees” and have the right to unionize, paving the way for athletes at private educational institutions throughout the country to unionize.