Some political activity may finally be taking shape on the employment and labor front. In addition to the slow pace of appointments in the Department of Labor (DOL) and the National Labor Relations Board (NLRB), legislation intended to turn back the Obama Administration's regulatory overreach seem to be moving forward.
The United Auto Workers (UAW) failed to organize another auto manufacturer. They used organizing tactics that included: vilifying management, attempting to coerce employees, and political persuasion (Bernie Sanders wrote union support letters to USA today and the community with the “organize or else” mantra). This tired method again failed. Over 60% (2,224) of workers at Nissan’s Canton, Mississippi plant voted against unionization.
Nobody in the world of human resources and employment law compliance needs to be told how difficult wage and hour law can be when applying it to the real world of employment. Attorneys make careers either defending or suing employers over alleged breaches to wage and hour law. In 2016 the Department of Labor (DOL) initiated 10,844 overtime violation cases (where questions of whether overtime pay for certain jobs should have been paid, but was not). The DOL collected on 83% of those for a...
It's always a question to employers as to what extent off duty actions can be held against an employee. Certain situations may be easier than others to assess, such as an employee arrested for a crime. But what about an employee’s Facebook rantings?
The US Department of Labor (DOL) is working toward rescinding its judicially enjoined overtime rules. These rules were published during the Obama Administration and dramatically increased the exemption salary level test from $433/week up to $913/week. It was intended to reduce the number of jobs that could be classified non-exempt by employers.
Under the Obama Administration’s National Labor Relations Board (NLRB) and the Department of Labor (DOL), two sets of rules intended to tip the scales in favor of labor organizing were published in 2011 – the Quickie Election Rules and the Persuader Rules. One of them is going away.
The US Supreme Court (SCOTUS) announced last week that they would not hear the case asking its position on whether the National Labor Relations Act (NLRA) restricts employers from requiring workers to waive their right to pursue a class action lawsuit and go to arbitration individually instead.
In what could be the judicial heavyweight match of the year (in at least the employment law realm), last Friday the Supreme Court agreed to examine three petitions to determine whether employers can require employees to arbitrate a dispute individually rather than through a class or collective proceeding.
With the election of Donald Trump and the control of both houses of congress by the Republicans, the question has been asked many times – what Obama Administration rules will be on the chopping block? There have been many new rules initiated, including FLSA Overtime, Fair Pay and Safe Workplaces, OSHA and more.
As Gomer Pyle used to say (10 points if you remember that 60’s TV character) - Surprise! Surprise! Surprise!!! With businessman Donald Trump’s election as our 45th President right behind President Obama (Democrat and liberal), employers can anticipate some challenges and changes to the long list of laws, regulations and executive orders the Obama administration has implemented. Unlike President Obama, Donald Trump has both Houses of Congress on his side. Having Congress...
One of the many controversial pro-labor decisions in the past few years was one called Specialty Healthcare. This National Labor Relations Board (NLRB) decision changed a long-standing rule about determining the composition of collective bargaining units for union certification purposes. Before Specialty Healthcare an “appropriate” bargaining unit was one that represented “all workers in a class or craft.” That has changed.
In a case that applies to the National Labor Relations Board (NLRB), but appears to be a mantra to all of the Obama administration agencies, the United States Court of Appeals for the District of Columbia Circuit issued a scathing rebuke to the NLRB for “abusive tactics and extremism.” They ordered the Board to pay an employer nearly $18,000 in legal fees incurred due to the Board’s “bad faith litigation.”
Despite all the regulatory protections provided by pro-labor Washington administration and the National Labor Relations Board (NLRB), the Service Employee’s International Union (SEIU) still managed to take things too far. The SEIU is known for its aggressive tactics and has practiced a scorched earth strategy against targeted employers for over a decade with its “Justice for Janitors” campaign.
The National Association of Manufacturers (NAM), a national trade association that represents primarily manufacturers but other employers as well, has calculated the cost of new regulatory compliance under all the regulation changes implemented over the past almost eight years of the Obama Administration. In the NAM’s May 2016 report “Red Tape Rising 2016: Obama Regs Top $100 Billion Annually” it estimates that since 2009 new major regulation implementation has...
With so many conflicting laws, whether in the U.S. or between various countries, unions are going global to win labor disputes in the U.S. For example, IG Metall, the German union representing workers at Mercedes and Volkswagen, was heavily involved in applying pressure to assist the UAW in attempting to organize Mercedes in Alabama and Volkswagen (VW) in Tennessee. The UAW lost in Alabama, but is trying again. Are international boundaries being blurred when it comes to...