Nebraska employers and unions have more guidance on what constitutes a “waiver” under the Industrial Relations Act (IRA) due to a recent Nebraska Supreme Court decision. The Court determined that Service Employees International Union (AFL-CIO) Local 226 (Local 226) waived its right to negotiate vacation, a mandatory subject of bargaining, […]
Labor & Employment Law Update
Attention Financial Institutions: FFIEC Issues Final Social Media Guidance
The Federal Financial Institutions Examination Council (“FFIEC”) recently issued final supervisory guidance for financial institutions related to the risks of social media use. Notably, the guidance does not impose any new requirements on financial institutions. Rather, it is intended to help financial institutions understand potential consumer compliance and legal […]
Eighth Circuit Court of Appeals Finds Request for Grooming Assistance In Addition to Sexual Advances Supports Quid Pro Quo Harassment Claim
The United States Court of Appeals for the Eighth Circuit rejected the district court’s finding that a municipal worker fired after complaining her boss made unwanted physical advances could not establish quid pro quo harassment under Title VII. The district court found the supervisor’s alleged behavior was “asexual,” or not […]
State-by-State Employment Law Developments
Iowa: Undocumented workers are entitled to healing period benefits under the Iowa Workers’ Compensation Act per a recent holding by the Iowa Supreme Court. The court determined that undocumented workers are “employees” under the Iowa Workers’ Compensation Act. The court was not persuaded by the employer’s contention that an employment […]
NLRB Activism Remains Worrisome
Given the choice between seemingly never-ending political gridlock or compromise, reasonable minds usually prefer compromise. That premise will soon be tested, compliments of a fairly recent agreement in the Senate to confirm and fully staff the National Labor Relations Board (NLRB). A fully staffed NLRB may seem inconsequential except for […]