Employment & Labor Insider

Employment & Labor Insider

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Tag Archives: NLRB

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

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

Quickie elections, ASAP!

Posted in Labor Relations
The National Labor Relations Board’s so-called “quickie election” rule, providing for expedited union votes, took effect yesterday. I can’t improve on what David Phippen of our Metro-Washington D.C. office posted about it here in December after the rule was first issued, so here ya go!… Continue Reading

Employers may not like NLRB General Counsel report on handbook rules

Posted in Labor Relations, Protected Concerted Activity
Thanks very much to David Phippen from our Metro D.C. Office for letting me get some depositions taken this week and allowing me to republish his analysis here. As we have previously reported, the National Labor Relations Board in recent years has put employee handbooks and policy manuals under a magnifying glass, searching for any provision that… Continue Reading

EMPLOYMENT LAW BLOG CARNIVAL: April Fools’ Edition

Posted in Americans with Disabilities Act, Discrimination, eLaw, Employment Law Blog Carnival, ERISA, Family and Medical Leave Act, Gender Identity Discrimination, Labor Relations, Lactation, Protected Concerted Activity, Retaliation, Safety, Same-sex marriage, Social media, Wage-Hour
(St. Patrick’s Day is sooooo nine hours ago!) Ever looking to the future, we celebrate the coming April Fools’ Day with this month’s greatest employment law blog posts. Some of my summaries are accurate, and others are “fools’ editions” – you’ll have to read the actual posts to know which is which. There are so many excellent posts… Continue Reading

15 for ’15: Employment and labor resolutions for the new year

Posted in Affirmative Action, Affordable Care Act, Alternative Dispute Resolution, Americans with Disabilities Act, Background Checks, Discrimination, Drug Testing, Equal Pay, ERISA, Family and Medical Leave Act, Harassment, Independent Contractor, Labor Relations, Lactation, Pregnancy, Protected Concerted Activity, Safety, Social media, Wage-Hour
By David Phippen of our Metro D.C. Office. While the year is still young, here are 15 New Year’s resolutions that employers may want to make: 1. Make sure your “independent contractors” are really independent contractors. “Independent contractors” are under scrutiny by the Internal Revenue Service, the U.S. Department of Labor, the National Labor Relations Board, state… Continue Reading

NLRB Issues Final Rule on Quickie Elections: What employers can expect, and how to prepare

Posted in Labor Relations
This is a client bulletin by David Phippen that we emailed to subscribers yesterday afternoon. I’m re-posting it here, in case you don’t already subscribe to Constangy’s bulletins. (If you don’t and would like to, please send me (Robin) an email, and we’ll put you on the list. Subscription is free.) By David Phippen Metro Washington… Continue Reading

This week in labor and employment law – Marx Brothers Edition

Posted in Americans with Disabilities Act, Civil Procedure, Class actions, Discrimination, Harassment, Protected Concerted Activity, Retaliation, Social media, Wage-Hour
It's been another zany week or so in the world of labor and employment law, rivalling Groucho, Harpo, Chico and Zeppo. Pepsi bottling pays $3.13 MM for race discrimination, "garden variety emotional distress," NLRB two-man panel nixes arbitration agreement, Obama and GOP outmaneuver each other on "recess" appointments, Lutherans win big, un-"PC" librarian loses.… Continue Reading