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Posts from October 2007.

Facts

In the recent Sixth Circuit case of Blair v. Henry Filters Inc. , 6th Cir., No. 05-2437, 10/15/07, the Court revived the Plaintiff’s age discrimination claim. The Plaintiff, Richard Blair, was a salesman for Henry Filters, Inc., an Ohio-based seller of industrial liquid filtration systems. In 1998, the Company began to consolidate its sales teams. In 2001, John Tsolis, the ...

Until recently the National Labor Relations Board (Board) has held that employees who are discharged for cause are entitled to make-whole remedies when the employer learns of the misconduct through unlawful means. In Anheuser-Busch, Inc., 351 N.L.R.B. No. 40 (September 29, 2007), the Board overturned this precedent holding that Section 10(c) of the National Labor Relations Act (Act) prohibits remedial measures when employees are disciplined for cause despite the employer’s unfair labor practice.

On October 10, 2007, a federal court in California prohibited the Department of Homeland Security (DHS) and Social Security Administration (SSA) from enforcing the recently issued no-match letter regulation. In issuing the preliminary injunction, the Court found that a consortium of labor, civil rights and business groups had proven that there was a substantial likelihood that: (1) the regulation was arbitrary and capricious under the Administrative Procedure Act; (2) DHS exceeded its authority; and (3) DHS promulgated the regulation in violation of the Regulatory Flexibility Act. The preliminary injunction will prevent enforcement unless and until a full blown trial lifts the ban. DHS is currently considering whether to appeal the decision or simply proceed to trial.

Good news for employers!  In BE&K Construction Co., 351 N.L.R.B. No. 29 (September 29, 2007), the National Labor Relations Board (Board) held that an employer’s reasonably based, albeit unsuccessful, lawsuit against a union did not violate the National Labor Relations Act (Act), even though it was filed to retaliate against the union.

The Facts
The employer, an industrial general ...

More good news for employers! A union “salt” is a pro-union person who applies for a job at a non-union company for the purpose of attempting to persuade the other employees to join or form a union.  Not surprisingly, salts leave a bad taste in employers’ mouths.  The National Labor Relations Act (Act), however, prohibits employers from discriminating against employees who engage ...

In a September 28 decision, the Sixth Circuit agreed with an employer’s firing of an Ohio hospital worker for chronic absenteeism after she submitted several FMLA certifications that were incomplete, suspicious, contradictory and unreliable. The employee had been fired under the hospital’s no fault attendance policy, pursuant to which an employee who accumulated 112 points ...

On October 23, 2007, Governor Mitch Daniels unveiled his long-awaited proposal for overhauling Indiana's property tax system. Some have called for the outright elimination of property taxes. While the Governor's office indicated this had been considered, they quickly concluded that total elimination of property taxes was not a fiscally viable alternative.

Early reaction to the ...

Posted in General

When a new physician with a physician recruitment agreement joins an existing physician group practice, the group and the new physician need to document their understanding of the recruitment arrangement clearly and fully. A misunderstanding of the arrangement at the outset could drag the group and the new physician into litigation at the end.

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