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Traditional Labor Relations

NLRB General Counsel Issues Memorandum Providing Justification for Employer Rule Decisions

March 27, 2015

Gamburg Donald D. Gamburg
Over the past several years, the National Labor Relations Board (NLRB) has aggressively redefined the landscape for employer rules contained in employee handbooks, employee policies, and/or employment agreements. Even though these decisions purportedly follow the standards established in the Board’s 2004 decision in Lutheran Heritage Village-Livonia, 343 NLRB 646 (2004), the application of those standards, first by former General Counsel Lafe Solomon and now under General Counsel Richard Griffin, have led to long-established, commonplace employer rules being found unlawful under the National Labor Relations Act (NLRA)

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Supreme Court Forges New “Significant Burden” Interpretation of the Pregnancy Discrimination Act

3/25/2015 12:00:00 AM

On March 25, 2015, the Supreme Court of the United States settled a controversy surrounding an employer’s policy that provided light-duty work for certain employees (including some disabled employees) but not for pregnant workers. The case was brought by a worker who tried to show—through indirect evidence—that the policy resulted in the disparate treatment of pregnant workers.
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