Employment & Labor Insider

Employment & Labor Insider

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Category Archives: Labor Relations

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Q and A on the recent controversy

Posted in Affirmative Action, Corporate Culture, First Amendment, HR, Labor Relations, Protected Concerted Activity, Retaliation
On the recent uproar involving a major, major employer and its recently-terminated employee: No. 1. Is it a good idea to provide an “open forum” to employees if there are certain topics that are off limits? No. If you want to provide a forum for employees to speak up, but only “within reason,” then it’s a… Continue Reading

Kaplan confirmed to NLRB – we now have an “R-D” tie

Posted in Labor Relations, Politics
The U.S. Senate yesterday confirmed Marvin Kaplan’s appointment to the National Labor Relations Board, which means that there is now an equal number of Republicans and Democrats on the Board. William Emanuel, a management-side attorney from Littler Mendelsohn, is the last Trump nominee to the Board. His confirmation vote will not take place until after the Senate’s… Continue Reading

Senate hearing on labor and employment nominees set for today — but will it happen?

Posted in Labor Relations, Politics
The Senate is scheduled to hold a “combined” confirmation hearing starting at 9:30 a.m. Eastern today on three Trump nominees for labor-and-employment-related positions: Marvin Kaplan and William Emanuel, both of whom have been nominated to vacant seats on the National Labor Relations Board, and Patrick Pizzella, who has been nominated to be Deputy Secretary of… Continue Reading

Weekly catch-up

Posted in Class actions, Drug Testing, FOCUS, Immigration, Labor Relations, Paid Leave, Politics, Safety, Social media, Uncategorized
Supreme Court agrees to review “travel ban” cases and partially stays injunctions on the ban pending a final decision. The Trump Administration won a partial victory this week when the U.S. Supreme Court decided that portions of the preliminary injunctions against the “travel ban” issued in March should be stayed. What that means is that the travel… Continue Reading

Weekly catch-up

Posted in Immigration, Labor Relations, Politics, Wage-Hour
And may it die quickly. The U.S. Department of Labor has taken formal regulatory action to rescind the Obama Administration’s “Persuader Rule.” The DOL has been enjoined from enforcing the rule since November 2016, but the latest action will presumably end it for good. Let’s hope. David Phippen of our Washington DC Metro Office has… Continue Reading

Weekly catch-up

Posted in Discrimination, FOCUS, Franchise, Labor Relations, Politics
You want my salary history? That’s sex discrimination! Well, actually, it’s a little more complicated. Kacy Coble of our Memphis Office has a great post over at FOCUS, our women’s leadership blog, about the perfectly legitimate, non-discriminatory reasons why employers sometimes use salary history in setting pay — and how alternatives may be even more unfair. As state and… Continue Reading

Weekly catch-up

Posted in ConstangyTV, HR, Labor Relations, Politics, Safety
OSHA intends to postpone requirement that safety reports be submitted electronically for all the world to see. You may recall that, about a year ago, the Occupational Safety and Health Administration issued a rule that would require certain employers to submit some injury and illness reports electronically. The information would then be made publicly available. Now OSHA says… Continue Reading

Trumpdate: Proposed budget shows “yuuuge” changes afoot in labor and employment arena

Posted in Affirmative Action, Benefits, Discrimination, Equal Pay, HR, Immigration, Labor Relations, Politics, Pregnancy, Safety, Unemployment, Wage-Hour
Yesterday, the Trump Administration released its proposed budget for Fiscal Year 2018, which runs from October 1, 2017, through September 30, 2018. Here are the highlights related to labor and employment law, and there are a BUNCH. The following is a compilation of a number of articles published in yesterday’s edition of Bloomberg BNA’s Daily Labor Report (paid… Continue Reading

Trumpdate: NLRB finalists, EEOC to swallow up OFCCP?

Posted in Affirmative Action, Elections, Labor Relations, Politics
NLRB candidates being vetted. Bloomberg BNA reported last night that President Trump has settled on two candidates to fill the two vacant seats on the National Labor Relations Board. One is William Emanuel, a shareholder in the Los Angeles Office of the management-side law firm Littler Mendelsohn. Here is a link to his firm bio. The other… Continue Reading

Trump names Miscimarra Chairman of the NLRB (no more of this “Acting” stuff!)

Posted in Elections, Labor Relations, Politics
According to Politico‘s “Morning Shift,” President Trump on Friday night promoted Philip Miscimarra from Acting Chairman to plain old Chairman of the National Labor Relations Board. Congratulations, Chairman! As of this morning, the NLRB website is still listing him as Acting Chairman. There are still two vacant seats on the five-member Board, which the President will be… Continue Reading

10 habits of highly effective HR professionals (April Fool’s edition)

Posted in Americans with Disabilities Act, Corporate Culture, Discrimination, Elections, Employment at Will, Equal Pay, Family and Medical Leave Act, Harassment, HR, Labor Relations, Politics, Protected Concerted Activity, Retaliation, Safety, Wage-Hour, Workers' Compensation
DEAR READERS: Before you accuse me of legal malpractice, take a look at tomorrow’s date.   Habit 1: Discriminate, retaliate, harass — have a ball! There’s a new sheriff in town, with a more employer-friendly, compliance-assistance-oriented U.S. Department of Labor (we think) and the nullification of burdensome regulations like the gone-and-not-lamented Fair Pay and Safe Workplaces Rule.… Continue Reading

Weekly catch-up

Posted in FOCUS, Franchise, Labor Relations, Politics
Franchisors received some encouraging news this week from President Trump’s Acting Solicitor General, Nicholas Geale. Mr. Geale says that he prefers not to bring enforcement actions based on a theory that franchisors and franchisees are “joint employers.” He also said that he hopes the U.S. Department of Labor will focus on helping employers to comply… Continue Reading

Weekly catch-up

Posted in Elections, Immigration, Labor Relations, Politics, Protected Concerted Activity
Work card renewal for foreign workers gets easier. First, I neglected last week to include this Immigration Dispatch by Elizabeth Joiner on changes to the process for renewing Employment Authorization Cards (aka “work cards”) that should make things easier for foreign workers. Please do read, and, Elizabeth, I apologize for the delay! The January-February edition of… Continue Reading

Queen for a day: If I ran the world, would I scrap our employment laws?

Posted in Americans with Disabilities Act, Discrimination, Employment at Will, Family and Medical Leave Act, HR, Labor Relations, Telecommuting, Wage-Hour
Walter Olson of the great Overlawyered.com sent a challenge over Twitter earlier this week: For those of you who don’t know Mr. Olson, he’s a libertarian.  :-) I have to admit, I needed time to process this! I complain about these laws all the time, but would I really want to get rid of all protections… Continue Reading

Weekly catch-up

Posted in ConstangyTV, Discrimination, Elections, ERISA, Labor Relations, Politics, Protected Concerted Activity, Safety
Yikes. I hope I haven’t missed anybody. Wild week! We hope that the immigrant strikes are about over by now, but they may continue into today, and a women’s strike is reportedly set for March 8. Do employers have any recourse when their employees go out on strike? It depends. If the strike is “protected… Continue Reading

There goes another one! Missouri right-to-work legislation signed into law.

Posted in Labor Relations
The State of Missouri has now become our 28th right-to-work state, following closely after Kentucky, which took the leap about a month ago. The Missouri bill was signed into law yesterday by Republican Gov. Eric Greitens, and is scheduled to take effect in August. However, the Missouri AFL-CIO has requested a voter referendum on the measure.… Continue Reading

Daily Trumpdate: Good meeting with union reps

Posted in Elections, Labor Relations, Politics
NOTE FROM ROBIN: Effective today, I’m officially changing the name of these mini-dispatches about President Trump’s first actions related to labor and employment law issues, to “Daily Trumpdate.” My first dispatch is here. President Trump met yesterday with representatives of a number of unions, and according to everyone involved, the meeting went well. It didn’t… Continue Reading

Trump quickies: Regulatory freeze, “listening session” with unions, Puzder status

Posted in Elections, Labor Relations, Politics, Wage-Hour
We’ll try to keep you up to date with the latest labor and employment law news from the Trump Administration via a series of mini-posts as news develops. According to Politico‘s Morning Shift, “President Trump ordered executive departments and agencies to freeze all pending regulations until the administration could review them.” This would include the DOL overtime… Continue Reading

President Obama’s labor and employment legacy

Posted in Affirmative Action, Discrimination, Elections, Equal Pay, Gender Identity Discrimination, HR, Labor Relations, Politics, Protected Concerted Activity, Same-sex marriage, Sexual Orientation, Social media, Wage-Hour
NOTE FROM ROBIN: A portion of Jill’s remarks below appeared Tuesday morning in Law360 (paid subscription required). Notwithstanding what might happen over the next four (or eight) years, there is no question that President Barack Obama has left his mark on labor and employment law in some very important ways. Even if President-Elect Trump’s administration… Continue Reading