This summer, the National Labor Relations Board issued several pro-employer decisions, including two key decisions for employers involving misclassification of workers and property rights.
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D.C. Circuit Upholds NLRB’s “Perfectly Clear” Successor Doctrine
On September 3, 2019, in First Student, Inc. v. NLRB, __ F.3d __ (D.C. Cir. 2019), the court upheld the National Labor Relations Board’s application of the “perfectly clear” doctrine in First Student Inc. v. NLRB, 366 NLRB No. 13 (February 6, 2018). The “perfectly clear” doctrine affects the right of a labor law successor, which acquires a unionized business, to set new terms and conditions of employment. Thus, it can have an important impact on the economics of the commercial transaction.
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NLRB Issues First of Its Proposed Changes to Union Election Rules
The National Labor Relations Board has issued the first part of its planned series of revisions to labor union election procedures. The revisions arrive five years after the Obama-era Board’s controversial 2014 changes that created the so-called “ambush election” procedures.
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Uber Drivers Not Employees According to NLRB Advice Memo
In a recent advise memorandum, the National Labor Relations Board set forth its position that drivers for the rideshare company Uber are independent contractors, not employees, for purposes of the National Labor Relations Act.
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As State Paid Family Leave Laws Increase, U.S. Congress Considers Nationwide Paid Family Leave
The current trend at both the state and federal levels is moving in the direction of mandatory paid family leave. For example, in recent years, 6 states (California, Massachusetts, New Jersey, New York, Rhode Island, and Washington) and the District of Columbia have enacted mandatory paid family leave benefits for employees. Moreover, at least 18 other states are currently considering some form of paid family leave legislation.
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SCOTUS Rejects Employer’s Attempt to Compel Arbitration of Independent Contractor’s Class Claim
In a rare win for plaintiffs seeking to avoid arbitration, the U.S. Supreme Court rejected a trucking company’s attempt to compel arbitration in a driver’s proposed minimum wage class action. The Court held that the Federal Arbitration Act’s exemption for interstate transportation workers applies not only to employees, but also to those classified as independent contractors.
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21 States Raise Minimum Wage in 2019
As the new year gets off to a start, employers in the retail industry will be making wage adjustments to meet current and future minimum wage increases. Employees in 21 states around the country will see their state’s minimum wage increase.
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California Federal Court First to Require Class Action Settlement Data To Be Made Public
The U.S. District Court for the Northern District of California is a popular venue for class action lawsuits. As of November 1, 2018, it is also the first to require parties settling such lawsuits to make broad public disclosures regarding the settlements.
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Proposed Changes to Class Action Rules Covering Notice, Settlements, Objections, and Appeals Awaiting Approval of Congress
The Supreme Court recently approved substantial changes to the Federal Rules of Civil Procedure, including amendments to Rule 23, which covers federal class actions. The amendments to Rule 23 seek to modernize and standardize the notice, settlement, objection, and appeal procedures. If Congress approves the amendments, they will become effective December 1, 2018.
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Supreme Court Rejects Notion That FLSA Exemptions Should Be “Narrowly Construed”
A single paragraph in an otherwise routine Supreme Court opinion could have reverberations in FLSA exemption cases for years to come. While the case resolved a circuit split for a discrete exemption, the Court’s decision has broad implications for all employers.
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