Yesterday, a California State Assembly Committee killed a bill that would have extended collective bargaining rights to a larger group of state employees – namely, legislative staffers. Existing state law excludes certain state employees from collective bargaining. The Legislature Employer-Employee Relations Act would “provide employees of the Legislature the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations.” If passed, the bill would extend collective bargaining rights to nearly 2,000 California legislative employees. California’s Public Employment and Retirement Committee rejected the bill in a 2-3 vote this Wednesday, due to unresolved “procedural, legal, and administrative problems,” according to the Committee Chair.

Continue Reading California Legislature Votes ‘No’ On Legislative Staffer Unionization

On June 24, 2022, the NLRB sought an order forcing an employer who refused to negotiate with a certified union to pay back wages and benefits to employees that they allegedly could have earned absent the delay in bargaining during the time the employer appealed the NLRB’s certification of the union as the exclusive bargaining representative in federal court.
Continue Reading If Employers Test Union Certification and Lose, Will They Have to Pay?

Following the flood of employee-friendly legislation during the Virginia General Assembly’s 2020 session, which included a significantly strengthened wage payment law, the 2021 session resulted in the passage of yet another new wage-related law that employers need to be aware of.  This new law – the “Virginia Overtime Wage Act” – goes into effect on July 1, 2021 and will usher in the first overtime pay requirement in Virginia’s history.
Continue Reading Virginia’s New Overtime Law Threatens Double and Treble Damages For Employers Who Don’t Pay Up

In January 2021, New York City amended the Fair Chance Act to expand protections for both applicants and employees with criminal histories.  The amendments take effect July 29, 2021, adding additional protections for workers in the state. 
Continue Reading New York City Expands Protections For Applicants and Employees With Criminal Histories

COVID-19 has fundamentally changed the way representation elections are conducted.  From March 1 to November 16, 2020, the National Labor Relations Board issued 167 election decisions and, of those, only 2 manual elections have been directed to proceed in that time-frame.  This is a marked change in the Board’s longstanding preference for manual elections.  The overwhelming trend towards mail-in elections was necessitated by the COVID-19 pandemic. 
Continue Reading NLRB Provides Clarity On Pandemic-Related Circumstances Justifying Mail-In Elections

Earlier this month, the NLRB General Counsel released a guidance memo urging the Board to apply the “more than ministerial aid” standard when evaluating whether an employer’s assistance in union organizing violates the National Labor Relations Act.
Continue Reading NLRB GC Memo Clarifies the Standard to Evaluate Employer Assistance in Union Organizing

In a pending NLRB case, an employees’ rights advocacy group, the National Right to Work Legal Defense Foundation, filed an amicus brief supporting poultry plant workers seeking to decertify their union,  the United Food and Commercial Workers Union, even though there was a collective bargaining agreement in place between the UFCW and their employer.
Continue Reading The Contract Bar Doctrine: Abolition or Reform?

An employer’s obligations under the Fair Credit Reporting Act are triggered when it obtains a “consumer report” from a “consumer reporting agency” for use in making an employment decision. A federal court in the Middle District of Florida is set to rule on a summary judgment motion clarifying whether a business that transmits public records unaltered to a prospective employer is a “consumer reporting agency”.
Continue Reading New Litigation May Further Clarify the FCRA’s Definition of “Consumer Reporting Agency”

On April 17, 2020 the EEOC updated its’ Technical Assistance Questions and Answers to provide employers with additional guidance interpreting the ADA, Rehabilitation Act, and other EEO Laws in the midst of the COVID-19 pandemic.  The EEOC first reminds employers that while these laws continue to apply, employers should still adhere to the ever-changing guidelines and suggestions made by the CDC or state/local health authorities.  With that in mind, the new guidance addresses several topics.
Continue Reading EEOC Updates Guidance Regarding the ADA, Rehabilitation Act, Other EEO Laws and COVID-19

As state unemployment agencies are inundated with new claims, the US DOL recently provided instructions to states for implementing the Pandemic Emergency Unemployment Compensation Program of the CARES Act in its April 10, 2020 guidance.  PEUC allows states to enter into agreements with the Secretary of Labor to pay up to 13 weeks of unemployment benefits to eligible individuals, through December 31, 2020.  We highlight the important takeaways.
Continue Reading DOL Issues Implementation Guidance for Pandemic Emergency Unemployment Compensation Program of CARES Act