As ASE has reported, the pro-union National Labor Relations Board (NLRB) is dramatically changing labor law tilting against union-free employers. The ongoing changes to labor rules and practice by the NLRB will make it much easier for unions to organize and also much easier for employers to break the law.
As reported last week, on August 30, 2023, the U.S. Department of Labor (DOL) announced it is proposing a revised rule that will increase its Salary Level Test by revising part of the Exemption Tests in its regulations. To be classified as an exempt employee under the DOL regulations, the job must meet three tests as outlined by the FLSA regulations:
Last week the National Labor Relations Board (NLRB) issued its long-anticipated decision in Cemex Construction Materials Pacific LLC and also issued a new rule changing union election procedures.
With less than a month to go before the Big Three and the UAW labor contracts expire (September 14), the UAW is ratcheting up its negotiation rhetoric and posturing.
Early last week the Department of Labor issued notice of proposed regulations that provide employers guidance on how to comply with the newly enacted Pregnant Workers Fairness Act (PWFA). The PWFA took effect June 27, 2023, and applies to employers with 15 or more employees.
Not unexpectedly, last week the National Labor Relations Board (NLRB) changed its work rule test. The NLRB’s work rule test assesses whether particular employer policies (rules) illegally restrict workers’ rights. The Biden labor Board, now comprised of his appointees, and its General Counsel stated that since this Administration came into office, it would be reviewing many Trump-era labor rules and this rule in particular.
A leadership learning solutions organization out of San Francisco published results of a nationwide study (2,066 American adults) examining how first-time managers’ performance impacts their teams. Oji Life Lab engaged Harris Research to survey the impact first-time supervisors have on their subordinate employees and the impact that being untrained has on the first-time supervisors themselves.
The U.S. Citizenship and Immigration Service (USCIS) announced that an updated Form I-9 will be available August 1, 2023. This will replace its Form I-9 that has been in use since October 2019. Since November of 1986, employers hiring any person to perform labor or services in the United States must have a completed I-9 form on file for that employee.
With the enactment of both the Pregnant Workers Fairness Act (PWFA) effective June 27, 2023, and the Nursing Mothers Act also known as the PUMP Act, covered employers should consider adding new policies to communicate compliance and inform employees what they are providing them as a result of those laws.
Recently an article on process mapping, also known as workflow mapping, was brought to my attention and it reminded me that although process mapping is typically used for product manufacturing, engineering, or other organizational process improvement this organizational improvement tool can also improve human resource functions.
Among the bevy of U.S. Supreme Court opinions handed down last week, the Court ruled on what the undue hardship standard should mean within the context of accommodation for religious practice and belief. HR will have to re-evaluate how they handle requests for religious accommodation.
With the National Labor Relations Board (NLRB) currently stretching union rights in every direction, earlier this month the U.S. Supreme Court put up a block against unlawful strike behavior. In an 8-1 decision the high Court said an employer may sue a union if they allowed their striking members to intentionally damage company property during a strike. This would seem to be a no-brainer but not in the world of labor.
Every three years Detroit’s auto industry faces the “Auto Talks.” The Big Three and the United Auto Workers (UAW) will re-negotiate their contracts that are set to expire this September 14th. This event not only impacts General Motors, Ford, and Stellantis NV but also impacts the suppliers and vendors that support auto production.
With the passage of the PUMP Act last year employers with 50 or more employees should now consider including a policy addressing nursing mothers in the workplace. Employers under 50 in size may have an exemption but only if they can demonstrate that compliance for a particular employee causes undue hardship.
Independent Contractors (IC) are now under threat in Michigan. Two Bills were introduced that would significantly reduce the number of independent contractors in this state. House Bill 4390 and 4391 brings California’s infamous ABC test to Michigan.
Last week the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced effective July 31, 2023, remote verification of I-9 documentation will no longer be allowed.
Employers should be prepared to review their exempt positions for proper Fair Labor Standards Act (FLSA) classification. Earlier this year, the U.S. Supreme Court ruled that despite an oil rig worker making over $200,000 a year and being a supervisor, that position was non-exempt and entitled to overtime pay for weeks worked in excess of 40 hours.
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