Employment & Labor Insider

Employment & Labor Insider

Legalese is not spoken here

Tag Archives: “National Labor Relations Board”

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

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

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

Trumpdate: Tons of employment-related stuff!

Posted in Discrimination, Elections, Immigration, Politics, Wage-Hour
The employment law week in Trumpland started out a little slow, but now we’re back in business. Acosta looking good for confirmation as Secretary of Labor. In contrast to nominee Andrew Puzder, the outlook appears good for his successor nominee Alexander Acosta. Mr. Acosta seems to have bipartisan support in the Senate, and has even… 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

“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

2016 Employer’s Guide to Employee Voting Rights is here!

Posted in Elections
For better or worse, it won’t be much longer before the 2016 election is over. In honor (?) of the occasion, we’ve updated our Employer’s Guide to Employee Voting Rights, and it’s available now on our website — both in html and as a (free) downloadable and printable pdf. The Guide covers time-off-for-voting laws, employer… 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

New OFCCP Scheduling Letter: Everything you say may be used against you.

Posted in Affirmative Action
And you don’t have the right to remain silent. On July 1 the federal Office of Management and Budget published the OFCCP’s revised Scheduling Letter and Itemized Listing that is issued to federal contractors to begin the compliance review process. The revised Scheduling Letter and Itemized Listing is here. The majority of the changes to the… 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

Who was naughty, and who was nice in employment law this year

Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Genetic Information Non-Discrimination Act, GINA, Harassment, Labor Relations, Lawyers!, Pregnancy, Protected Concerted Activity, Retaliation, Safety, Social media, Telecommuting, Wage-Hour
Who’s been naughty and who’s been nice in labor and employment law? Here are my picks for 2015. Feel free to add your own in the comments. NAUGHTY! The National Labor Relations Board, for being naughty in too many ways to mention. Its rules on employer handbook policies, including confidentiality and social media, are unrealistic… Continue Reading