I was recently asked whether a business partner was an employee or owner of that company. The other owners wanted to take certain action and needed to know their lawful rights and obligations based on the way their partnership was structured. I’ll not bore you with the details, but I do want to highlight that…

Yesterday we looked how precise language in a collective bargaining agreement forced a company to arbitrate a claim even though the employees had decertified the union. Today we look at how successorship language in a union contract prohibited a company from selling its equipment during tough financial times. Team Carriers is a trucking company whose…

Every single word in a collective bargaining agreement is important. Most words in a union contract have legal ramifications. This case highlights the importance of knowing the potential effect of each word before agreeing to include it in your company’s contract. A hospital terminated employee Gwynn Pirnie after receiving a complaint that she did not…

A truck driver sued his employer claiming that he was eligible for overtime. He lost. For the trucking companies reading this blog, you know about MCAE (Motor Carrier Act Exemption), SAFETEA (Safe, Accountable, Flexible, Efficient Transportation Equity Act), TCA (Technical Corrections Act) and GVWR (Gross Vehicle Weight Rating). For the rest of you, you’re about…

Most of the time when a client asks whether it can terminate someone for poor performance or attendance issues the conversation turns to whether the employee in question could be covered by the Americans with Disabilities Act – after all, it is painfully easy for employees to fall under the uber-expanded definition of disabled. And that…

This is one of the more confusing areas of labor law, so don’t feel bad if you don’t fully understand the concept of secondary picketing or unlawful area standards picketing. Most lawyers who dabble in labor law don’t understand it, either. Seek competent legal advice from a full-time labor lawyer if you are concerned that…