Tag Archives: union

Employment Law Changes Likely Ahead

With a new administration, folks in the employment world are anticipating change.  Here are some key issues to keep your eyes on: Salary Test for Certain Overtime Exempt Employees– Expect the DOL to pull back or not enforce new regulations nearly doubling the salary threshold for the “white collar” exemptions to the overtime provisions of … Continue Reading

New DOL Overtime Regulations On Hold – Now What????

Late yesterday, a Texas federal Judge issued a nationwide temporary injunction halting the Department of Labor’s (“DOL”) new overtime regulations, which were set to significantly increase the minimum salary required for the executive, administrative and professional overtime exemptions (known as the white collar exemptions). This unexpected ruling prevents the DOL from implementing the new regulations, … Continue Reading

Happy New Year from the NLRB!

The New Year has begun with a knock on your door: “We are from the NLRB, and we are here to help.”  Do not continue to assume that you can pretend no one is home simply because your company is non-union.  The Board continues to assert itself as an active stakeholder in your operations, and … Continue Reading

FIRST MONDAY IN OCTOBER PROMISES IMPORTANT RULINGS IN EMPLOYEE CASES

Walter Matthau and Jill Clayburgh were gifted actors.  But the new term of the Supreme Court, which opens today, promises to generate some drama of its own as well. Somewhat lost amid the understandable attention received by the historic same-sex marriage and Obamacare rulings last year were several important Supreme Court employment law cases regarding employee compensation … Continue Reading

IT’S UNBELIEVABLE! – BILL INTRODUCED INTO CONGRESS WOULD TURN LABOR RELATIONS ON ITS HEAD

There has been a consistent and steady decrease in unionization across the Country over the past forty years.  Although many can argue as to the reasons for that, it is clear that organized labor intends to alter that trend by changing the rules of the game.  The most recent attempt is the Workplace Action for … Continue Reading

D.C. Circuit Takes No Prisoners: Rebukes NLRB Decision Declaring “Common Sense Sometimes Matters”

“Common sense sometimes matters in resolving legal disputes.” That’s how the D.C. Circuit began its opinion reversing a widely publicized 2011 decision by the NLRB finding that AT&T Connecticut had committed an unfair labor practice when it banned AT&T employees from wearing “Prisoner” shirts to the homes of customers. If you attended our annual employment … Continue Reading

OMG! Your Policy Says What? Part 2

Many employers and their attorneys believe the National Labor Relations Board (“NLRB”) has gone off the deep end.  This school of thought was again reinforced with the NLRB’s June 18, 2015 Remington Lodge Hospitality decision. In a 2-to-1 decision, the NLRB held that the Sheraton Anchorage hotel committed an unfair labor practice by maintaining (and could … Continue Reading

TOP SECRET Takeaways from our 25th Annual Labor & Employment Law Seminar

Our 25th Annual Labor & Employment Law Seminar is a wrap. Wow, 25 years goes by in the blink of an eye! Each year, our seminar continues to grow. Thank you to the attendees who have been with us from the beginning and the newcomers who attended for their first time this year.  With over 400 attendees from more than 200 employers, our 25th … Continue Reading

Unions’ Dream of “Quickie” Elections, Now a Reality

I was on my high school track team.  My favorite race was the 100-yard dash.  I distinctly remember practicing how to spring quickly out of the starting line blocks when the gun fired.  The faster I jumped out of the blocks, the greater the odds of winning. This image came to mind when I met last week with the Regional Director of the National Labor Relations Board (the “NLRB”) for Region 12. Region 12 covers most of Florida (excluding the … Continue Reading

Wrestling with Independent Contractors

As I sit here watching professional wrestling with my son, it hits me. Vincent Kennedy McMahon, the Chairman of World Wrestling Entertainment, is a genius. First, Mr. McMahon has kept me interested in staged fights (with predetermined outcomes) for the majority of my life. Second, I marvel at how he has successfully monetized this phenomenon … Continue Reading

Bathroom Breaks & Decreased Productivity #HoldItIn2WinAPrize

Employers have fairly wide discretion in terms of developing work rules designed to increase productivity and decrease time spent “slacking off.” But, if you believe the reports, one Chicago-based company may have gone too far. Apparently, WaterSaver Faucet Company has been experiencing a decrease in employee productivity. The perceived root of the problem? Excessive bathroom … Continue Reading

No Need To Dust Off That NLRB Poster, Yet

Earlier this week, the United States Court of Appeals for the D.C. Circuit struck down the National Labor Relations Board’s (“NLRB”) poster rule. In 2011, the NLRB issued a rule requiring private employers (union and non-union) to post a specific notice informing employees of their right to unionize under the National Labor Relations Act (NLRA). See … Continue Reading

Microbreweries Are Good; Micro-Bargaining Units Aren’t

I’m no beer aficionado but every now and then I enjoy a Purple Haze, an American-style wheat beer from a microbrewery just outside of New Orleans.  What employers will probably not enjoy is the National Labor Relations Board’s (“Board”) recent ruling, in Specialty Healthcare and Rehabilitation Center of Mobile, making it easier for unions to … Continue Reading

The NLRB Extends Its “Runaway Shop” Doctrine To Companies Expanding Operations In Right-To-Work States

The National Labor Relations Board (“NLRB”) filed a complaint against the Boeing Company in April based on Boeing’s decision to open a second assembly line to build its Dreamliner airplanes in a non union plant in South Carolina instead of expanding its current assembly line in a union plant in Washington State (see NLRB v. … Continue Reading

Federal Appeals Court Agrees with NLRB That a Confidentiality Provision in an Employment Agreement Violated the Law

As discussed in an earlier post (NLRB OKs Employee Bad-Mouthing on Social Media), the National Labor Relations Board is not just in the business of regulating union activity.  According to law, two or more employees (regardless of union affiliation) are protected in acting together to improve the conditions of their employment, including wages and hours.  This is … Continue Reading
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