Employment Litigation Issues

The federal government has encouraged employers to implement incentive-based wellness programs as one way to cut into ever-growing health care costs.  These programs provide financial incentives for employees who participate and, in some cases, achieve certain healthy criteria, such as maintaining a healthy BMI and cholesterol level.

Employers who have taken this route have found themselves

The Department of Labor has been taking aggressive steps to prevent employers from exercising their rights to provide information to their employees during union campaigns.  Under the Labor-Management Reporting and Disclosure Act, employers must disclose the amounts they spend on consultants either attempting to influence their employees about the choice of unionization or providing information

The NLRB has now settled the “Facebook” complaint that has gained great attention.  See Cleveland.com Article.  In NLRB v. American Medical Response of Connecticut, Inc., the Board took the position that the employer violated the National Labor Relations Act when it terminated an employee for making nasty statements about her supervisor on Facebook.  The NLRB’s rationale