Successor Employers

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    The Sixth Circuit recently upheld an arbitrator's interpretation of a collective bargaining agreement (CBA) requiring a parent company that dissolved a subsidiary and reorganized its internal operations to abide by a successorship provision in the subsidiary's bargaining contract. Read on to find out more. Facts...
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    A successor company managed to escape liability for discrimination even with the deck seemingly stacked against it. If you inherit a business that has a discrimination claim pending, think carefully about how you might want to avoid liability. Facts Angela Prince worked at JCD, a daycare business owned and operated by...
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    Sometimes a new employer takes on the legal responsibilities of a previous employer when a business changes hands. Based on that theory, an employee of Dollar Tree Stores, which began operating at the former location of another discount store, contended that Dollar Tree should credit her previous employment toward leave eligibility...
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    Sometimes a new employer takes on the legal responsibilities of a previous employer when a business changes hands. Based on that theory, an employee of Dollar Tree Stores, which began operating at the former location of another discount store, contended that Dollar Tree should credit her previous employment toward leave eligibility...
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    Sometimes a new employer takes on the legal responsibilities of a previous employer when a business changes hands. Based on that theory, an employee of Dollar Tree Stores, which began operating at the former location of another discount store, contended that Dollar Tree should credit her previous employment toward leave eligibility...
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    A National Labor Relations Board (NLRB) administrative law judge (ALJ) recently held that a Rhode Island employer created an illegally dominated "labor organization" and, in doing so, committed an unfair labor practice that tainted an employee petition drive rejecting the union. The case is a reminder that if it looks like a union...
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    In the first federal appeals court decision to address the issue, the Sixth U.S. Circuit Court of Appeals has held that a merger or transfer of assets isn't always a precondition to successor liability under the Family and Medical Leave Act (FMLA). The court said an employee's service for a predecessor and a successor employer...
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    Your company has purchased the assets of another business. After buying the assets, your company runs the operation as if there has been no change. A former employee of the business your company acquired comes after your company with a sex discrimination claim, seeking to hold you liable for the acts of the prior company. As will...
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    The Florida Supreme Court has recently reviewed two conflicting opinions from the Fifth District Court of Appeals on the issue of whether a noncompete agreement is transferable and enforceable by a new company that acquires the former employer. Under the court's analysis, the answer depends on the type of transaction that led to...
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    The NLRB recently overruled a three-year-old precedent that had contradicted long- standing NLRB and court decisions. By overruling its decision in St. Elizabeth's Manor, the Board has once again returned to its previously well established doctrine that an incumbent union recognized by the successor employer doesn't automatically...
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