Protecting employee rights in successorship

Article Abstract:

The Supreme Court has ruled in a number of cases that the National Labor Relations Board (NLRB) has the authority to order successor employers to remedy unfair labor practices committed by their predecessor. Remedies may range from compensation and reinstatement of an employee for unfair dismissal to court ordered bargaining with the union that represented the predecessor's employees. The NLRB has tried to balance the conflicting interests of many parties, but its application of the law has been too mechanical at times. However, the law exists to render equitable remedies when carefully applied.

Workers, Liability of successor corporations, Corporate succession liability

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The four-headed monster: ADA, FMLA, OSHA, and workers' compensation

Article Abstract:

Employers must be careful to comply with the Americans with Disabilities Act, Occupational Safety and Health Act, and Family and Medical Leave Act as well as workers' compensation laws when making employment decisions involving an employee with a serious health condition. All the laws could apply and so compliance can be complicated. The New Jersey Workers Compensation Act, for example, defines disability and gives workers options when the Act is violated even if other laws are complied with. Compliance suggestions are included.

United States, New Jersey, Disabled persons

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