Last month, the National Labor Relations Board held that employers do not have to allow non-employees to use their cafeterias or similar public spaces for promotional or organizational activities. In so holding, the Board overruled decades-old precedent.
Continue Reading NLRB Strengthens Employer Property Rights: What UPMC Means for Employers
On March 12, 2019, a unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit declined to enforce a bargaining order against the University of Southern California, finding that part of the order “runs afoul” with Supreme Court precedent, NLRB v. Yeshiva Univ., 444 U.S. 672 (1980).
Continue Reading D.C. Circuit Overrules National Labor Relations Board “Subgroup Majority Status Rule”
It’s now officially public: under the National Labor Relations Board’s (NLRB) General Counsel Peter B. Robb, unions may face greater scrutiny and a higher burden in defending against claims that they violated the duty of fair representation.
Continue Reading New General Counsel Memorandum Reiterates The NLRB’s Policy of Increased Scrutiny of Unions
The National Labor Relations Board (“Board”) has taken the first step to potentially reshape labor law since the May 21, 2018 Epic Systems case, in which the Supreme Court held that class waivers in arbitration agreements do not violate the National Labor Relations Act (“Act”).
Continue Reading NLRB Vacates Order in Cordúa Restaurants, Potentially Paving Way for Reshaped Labor Law Post-Epic Systems
In a major win for employers, the U.S. Supreme Court held that arbitration agreements with class action waivers do not violate the National Labor Relations Act (“NLRA”). The Court’s narrow 5-4 decision paves the way for employers to include such waivers in arbitration agreements to avoid class and collective actions.
Continue Reading SCOTUS Holds Class Action Waivers Do Not Violate the NLRA
New Jersey’s Paid Sick Leave Act will go into effect on October 29, 2018, making it the tenth state plus Washington DC and dozens of localities to mandate paid sick leave. New Jersey’s Act requires employers of all sizes to provide employees with up to 40 hours of paid leave per 12-month period.
Continue Reading New Jersey Requires Employers to Provide Paid Sick Leave
The American Bar Association has adopted Resolution 302, which “urges all employers, and specifically all employers in the legal profession, to adopt and enforce policies and procedures that prohibit, prevent, and promptly redress harassment and retaliation based on sex, gender, gender identity, sexual orientation, and the intersectionality of sex with race and/or ethnicity.”
Continue Reading ABA Resolution 302: What the American Bar Association’s Position on Harassment Means to Employers
Say an employee slips $20 from the register and even admits to it when you show the camera footage. Or, more innocently, say an employee is overpaid $20 entirely by accident. If the employee refuses to give it back, should you deduct the $20 from the employee’s paycheck? It depends. Here are four questions to ask yourself.
Continue Reading Employee Theft: Can Employers Deduct Suspected or Known Theft from an Employee’s Paycheck?
Under a new DOL pilot program, employers can self-report wage violations and potentially avoid costly litigation.
Last week, the Wage and Hour Division of the U.S. Department of Labor launched a six-month pilot program to resolve FLSA violations. Under the Payroll Audit Independent Determination program, employers may self-report potential overtime or minimum wage violations to the WHD, which will then resolve the matter by supervising payments to employees if the employees accept the settlement.
Continue Reading DOL Launches Pilot Program for Self-Reporting FLSA Violations
Georgia’s “kin care law” went into effect on July 1, 2017. Under this new law, Georgia employers with 25+ employees must permit employees who work 30+ hours per week to use up to five hours of their earned sick leave to take care of immediate family members.
Continue Reading Georgia Kin Care Law: Low Burden but a Sign of Laws to Come?