The definition of “able to work” is defined as capable of employment. A person who is able to work is ineligible to receive unemployment benefits on the basis of illness or injury.
See, e.g., International Union, et al. v...
labor law
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An agency shop is a place of employment in which full membership in a union is not required, but the union acts as an agent for the employees. Both union members and non-union members must pay periodic union dues and initiation fees whether...
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A bona fide occupational qualification or BFOQ is an affirmative defense to discrimination prima facie. Bona fide occupational qualifications can be made for national origin, religion, and sex.
42 U.S. Code § 2000e-2 allows...
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A captive audience refers to a situation in which an employer gives speeches that discourage employees from joining a union or that are in some way anti-union. These speeches may be given to employees on company time and company property and...
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Coercive statement by an employer refers to when employers illegally attempt to pressure employees to not participate in union activities. Under the National Labor Relations Act (NLRA), an employer may not make any coercive statement that...
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The Collyer doctrine is a doctrine in labor law which states that the National Labor Relations Board (NLRB) will defer charges (ie. unfair labor practices) to a contractually agreed upon dispute resolution method so long as certain conditions...
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Overview
Employment law is a broad area encompassing all areas of the employer/employee relationship. Employment law consists of thousands of federal and state statutes, administrative regulations, and judicial decisions. Many employment laws (such...
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Overview
At-will employment refers to an employment agreement stating that employment is for an indefinite period of time and may be terminated either by employer or employee. If an employment is at-will, such an agreement would typically be expressly...
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Overview
The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting workplace discrimination. The EEOC was created by the Civil Rights Act of 1964. The employment section of the Civil Rights Act of 1964, known...
(LIIBULLETIN preview)
For years, petitioner, Granite Rock, a California cement company, and respondent, Teamsters Local 287 (“Local 287”) (the local chapter of respondent, International Brotherhood of Teamsters (“IBT”)), had a Collective Bargaining Agreement (“CBA”). See...