Employment & Labor Insider

Employment & Labor Insider

Legalese is not spoken here

Category Archives: Labor Relations

Subscribe to Labor Relations RSS Feed

Employment and labor law developments (and a few other things) I’m thankful for

Posted in Affirmative Action, Discrimination, Elections, FOCUS, Gender Identity Discrimination, Labor Relations, Public Sector Employment, Settlements, Sexual Orientation
This has been a weird year for me. (And, no, I’m not even thinking about the election!) But I have much to be thankful for, and I hope you do, too. BREAKING THING TO BE THANKFUL FOR: Yesterday evening, the U.S. Department of Labor’s new rule governing white-collar exemptions under the Fair Labor Standards Act was struck… Continue Reading

Weekly catch-up

Posted in HR, Labor Relations
The U.S. Department of Labor’s new Persuader Rule, which was scheduled to take effect July 1 before it was temporarily blocked by a federal judge in Lubbock, Texas, has now been permanently enjoined. That means the new Rule is dead, subject to the DOL’s right to appeal the decision. And, of course, with the incoming Trump… Continue Reading

Everything’s happening in Texas!

Posted in Labor Relations, Wage-Hour
Don’t mess with Texas. In Lubbock yesterday, Judge Sam R. Cummings permanently enjoined the U.S. Department of Labor’s Persuader Rule, which is great news for employers. David Phippen has the full story here. The DOL can appeal to the U.S. Court of Appeals for the Fifth Circuit (it’s already appealing the preliminary injunction issued in… Continue Reading

DOL’s new online tool may result in more OFCCP complaints

Posted in Affirmative Action, Discrimination, Labor Relations, Retaliation, Safety, Wage-Hour
The U.S. Department of Labor recently rolled out www.worker.gov, an online tool designed to help employees file various types of complaints against their employers. The White House announced that the website will assist individuals “if they have had wages stolen, been injured on the job, faced discrimination, or been retaliated against for joining together to… Continue Reading

Weekly catch-up

Posted in Affirmative Action, Class actions, ConstangyTV, Elections, Equal Pay, FOCUS, Gender Identity Discrimination, Labor Relations, Protected Concerted Activity, Safety, Sexual Orientation, Wage-Hour, Work-Life Balance
Effect of Election 2016 on labor and employment law. We asked our practice group heads and some thought leaders to tell us how they think employers will be affected by a Trump Administration on specific labor and employment law issues. This client bulletin is packed with prognostication about what we may see in the areas of affirmative action and… Continue Reading

“It’s going to be beautiful, believe me”: Trump on labor & employment law issues

Posted in Discrimination, Elections, Gender Identity Discrimination, Labor Relations, Pregnancy, Sexual Orientation, Uncategorized, Wage-Hour
Congratulations to President-Elect Donald J. Trump, and to everyone who was elected or reelected to office yesterday. With a President Trump and Republican majorities in both houses of Congress, employers may see some changes in the form of less aggressive regulatory agencies, a National Labor Relations Board that is more employer-friendly, and some relatively conservative… Continue Reading

Weekly catch-up

Posted in Affirmative Action, FOCUS, Labor Relations, Work-Life Balance
There is great rejoicing among federal contractors since a federal judge in Texas has preliminarily blocked the “Fair Pay and Safe Workplaces” rules from going into effect. Absent the court’s action, the rules would have taken effect for the largest contractors this past Tuesday, and for some smaller ones in 2017. The case is far from over, but this… Continue Reading

Hillary, or The Donald: A voting guide for employers

Posted in Benefits, Class actions, Discrimination, Equal Pay, Family and Medical Leave Act, Independent Contractor, Labor Relations, Lactation, Pregnancy, Sexual Orientation, Wage-Hour
As our regular readers know, Employment & Labor Insider is a non-partisan blog. But with the first Presidential debate coming on Monday night, I thought it would be helpful to look at the two major presidential candidates and their positions on issues of interest to employers. The following comes from each of the candidates’ websites, supplemented… Continue Reading

Employer dos and don’ts for 2016 elections (NLRB-friendly version)

Posted in Harassment, Labor Relations, Protected Concerted Activity, Social media
Labor Day marked the beginning of the “serious” election season. In 2012, I posted on dos and don’ts for employers, but many of my old recommendations aren’t going to work in today’s labor law climate. Here’s an updated guide to help employers and their employees survive to November 8, and beyond, which I think will comply with the… Continue Reading

Weekly catch-up

Posted in FOCUS, Labor Relations
Labor relations go back to the future. Mel Haas and John Weltin of our Macon Office have the rundown on the recent decision by the National Labor Relations Board in Miller & Anderson, Inc. In that case, the Board found that an appropriate bargaining unit can include a mix of contingent workers who are jointly employed… Continue Reading

Labor complaints to be reported to federal database of “bad” employers

Posted in Affirmative Action, Labor Relations, Settlements
To assist federal contractors in their compliance with the Fair Pay and Safe Workplaces Executive Order – which to date still has no final implementing regulations – the National Labor Relations Board has graciously offered to ensure that all unfair labor practice complaints involving federal contractors will be added to a federal database of “problem”… Continue Reading

Light reading for your Fourth of July weekend

Posted in Constangy News, Discrimination, Drug Testing, FOCUS, Gender Identity Discrimination, Labor Relations, Lawyers!, Retaliation, Safety
Well, maybe not light reading, but good reading about good news that you won’t want to miss! Here are our bulletins and other publications from the last week, in case you missed them: *Heather Owen is already shooting off Fourth of July fireworks at the FOCUS women’s leadership blog because our firm was named this week by the National… Continue Reading

Your summer labor and employment reading list — for this week, anyway

Posted in Affirmative Action, Discrimination, FOCUS, Gender Identity Discrimination, Labor Relations, Pregnancy
I was on vacation last week, and so we have a lot of catching up to do. Here’s what’s been going on, from most to least recent: *David Phippen has been keeping us up to date on the U.S. Department of Labor’s Persuader Rule and what that will mean for employers. On Wednesday, a federal judge in… Continue Reading

Your labor and employment reading for this weekend.

Posted in Constangy News, Discrimination, FOCUS, Labor Relations, Labor Trafficking, Non-Competition, Only in California
Federal protection for trade secrets, “suitable seating,” inadvertent labor trafficking, Uber’s status as an employer — whew! Be sure to check these out if you haven’t already: *Billy Hammel of our Austin Office and Bill McMahon of our Winston-Salem Office (and my next-door neighbor), with Anna Rothschild of our Washington D.C. Metro Office, are digging… Continue Reading

No April foolin’ – third lawsuit challenging DOL Persuader Rule is filed

Posted in Labor Relations, Lawyers!
We now have an April Fool’s Day Persuader Rule challenge (but it’s real). The National Federation of Independent Business leads this group of plaintiffs, and has filed suit in federal court in Texas, which is in the Fifth Circuit. The other two lawsuits were filed in Arkansas and Minnesota, both in the Eighth Circuit. Here’s our… Continue Reading

W. Va. will go right-to-work in July

Posted in Employment at Will, Labor Relations
Wild, wonderful West Virginia is going right-to-work. Republicans in the state legislature passed the Workplace Freedom Act and yesterday overrode a veto by Democratic Gov. Earl Ray Tomblin. Also yesterday, the West Virginia Republicans overrode Gov. Tomblin’s veto of legislation that repeals the state’s prevailing wage law. “Right to work” is often confused with “employment at… Continue Reading