by Josh Scharff | Jun 27, 2017 | NLRB, Social Media, Union Organizing
A few months ago, the Second Circuit considered the case of a catering company server who was fired for posting this comment about his supervisor on Facebook (profanity edited): Bob is such a NASTY MOTHER F[@%#*!] don’t know how to talk to people!!!!!! F[@%#*!] his...
by Josh Scharff | Feb 3, 2017 | Athletes' Unions, Labor Law, NLRB
NLRB General Counsel Richard Griffin formally concluded earlier this week that scholarship football players at private universities and colleges are employees under the National Labor Relations Act, with the rights and protections of that Act. In a General Counsel...
by Josh Scharff | Dec 22, 2016 | Employment Law, Family Leave
We recently reported that Washington, DC had made significant progress towards passing one of the most generous paid family leave laws in the country. Two days ago, DC took an enormous leap forward when the City Council passed the Universal Paid Leave Act by a 9-4...
by Josh Scharff | Nov 29, 2016 | Employment Law, Family Leave
The District of Columbia is one step closer to passing one of the most generous paid family leave laws in the country, the most-recent version of which includes up to eleven weeks for the birth or adoption of a child. The full draft of the Universal Paid Leave Act is...
by Josh Scharff | Oct 25, 2016 | Clergy Employment Issues
In 2011, the Freedom From Religion Foundation (“FFRF”) challenged the constitutionality of the parsonage tax exemption contained in Section 107 of the Internal Revenue Code. Section 107 allows clergy to exclude certain housing expenses from their gross income. FFRF’s...
by Josh Scharff | Oct 13, 2016 | Clergy Employment Issues, Employment Law, Title VII
Music is a vital part of worship for many religions. But at what point should a musician be considered a religious minister? The answer to this question has legal ramifications for musicians who work at congregations, schools, and/or other religious institutions....
by Josh Scharff | Aug 26, 2016 | Labor Law, NLRB, Union Organizing
On August 23, the National Labor Relations Board ruled that graduate students who work as teaching or research assistants at private universities are employees with the right to unionize and collectively bargain. Its decision in Columbia University changes the...
by Josh Scharff | Jun 17, 2016 | Clergy Employment Issues, Family Leave
Yesterday, NPR’s Cheryl Corley reported that Chicago’s Catholic Archdiocese will offer 12 weeks of paid parental leave to its employees beginning on July 1. The Chicago Archdiocese employs approximately 15,000 employees and is the third largest archdiocese in the...
by Josh Scharff | May 31, 2016 | Public Sector Employees, Social Media
Earlier this month, Director of National Intelligence James Clapper authorized Security Executive Agent Directive Five, which permits the federal government to consider information from social media sources in background checks for security clearances. This new policy...
by Josh Scharff | Aug 31, 2015 | joint employer, Labor Law, Union Organizing
The National Labor Relations Board spent some time in the limelight this August after issuing decisions in two high-profile cases with major implications for labor rights across the country. In Browning-Ferris Industries of California, the Board broadened the...
