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January 2014 Eupdate

January 31, 2014

By: Fiona W. Ong

Supreme Court Finds Donning and Doffing Time Not Compensable in Union Setting

The U.S. Supreme Court, in a unanimous decision, held that the time that unionized production workers spent donning and doffing protective gear was not compensable. 

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Two Maryland Counties Increase Minimum Wage; State Considering Same; Federal Contractors To Be Subject to $10.10 Minimum Wage Requirement

Montgomery County and Prince Georges County recently increased their minimum wage, and a statewide minimum wage increase is being pushed in the General Assembly.  In addition, President Obama has announced a $10.10 minimum wage rate will apply to government contractors. 

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Temporary Impairment Can Be Disability Under ADAAA

In the first appellate court decision to address the expanded definition of “disability” under the Americans with Disabilities Act Amendments Act (ADAAA), Summers v. Altarum Institute, the U.S. Court of Appeals for the 4th Circuit (which includes Maryland, Virginia and West Virginia, among others) emphasized that temporary conditions can constitute disabilities.

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NLRB – No Notice Posting Requirement.

The National Labor Relations Board will not appeal the decision of two U.S. Courts of Appeals invalidating the agency’s controversial Notice Posting Rule.  

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NLRB – Quickie Election Rule Rescinded

The National Labor Relations Board has issued a final rule rescinding its controversial changes to its representation case procedures, known as the “quickie election” rule, which had been adopted in December 2011. 

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NLRB – Mobile App.

The National Labor Relations Board now has a mobile app for iPhone and Android users, intended to provide employers, employees and unions with information regarding their rights and obligations under the National Labor Relations Act. 

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Government Contractors – Voluntary Disability Self-Identification Form.

The Office of Federal Contract Compliance Programs has issued its model form to be used for applicants and employees to self-identify as an individual with a disability.

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ADA – Reasonable Accommodations.

A federal district court found that it was possible that agreeing to reduce an employee’s hours but refusing to reduce her workload could be a failure to reasonably accommodate the employee’s disability, as required under the Americans with Disabilities Act. 

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TOP TIP - Union Access to Employer Property

The National Labor Relations Board recently reiterated its longstanding rule that employers cannot discriminate among outside groups in permitting access to the employer’s property.  Thus, employers must be thoughtful about what permission to grant outside groups regarding the use of company property. 

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