As many EPTW readers know, ASE is reporting on the activities of the pro-labor National Labor Relations Board (NLRB) as they change their policy and case decisions tilting the labor playing field in favor of unions and their ability to organize employers. At the end of July this year, the NLRB released an advice memorandum stating that it was evaluating whether to extend what are called Weingarten rights to non-union workers.
A recent article published in CCH HRAnswersNow Expert Insights looks at the issue of FMLA coverage for remote workers. In this case, a person worked from their home which was well outside what could be reasonably considered within the coverage area of the FMLA.
National Labor Relations Board (NLRB) issued it first precedent-shifting decision of the Biden Administration on August 29th. Tesla, Inc. (2021). While there has been a lot of conjecture that this NLRB will make some big pro-labor changes when they get the chance, so far it has been more talk and memos than formal decisions – until now.
Yesterday, the National Labor Relations Board (NLRB) issued new proposed rulemaking that eliminates the “direct and immediate” control specification in the 2020 rules and adopts a broader rule that finds joint employment if the employers “share or co-determine” essential job terms and conditions. The rule proposal was passed with two board members dissenting.
As we approach Labor Day 2022, the media (and most likely the Biden Administration) will be heralding organized labor’s resurgence as it has done at this time of the year for decades. Jarret Skorup’s Labor Unions Are Not in a “Resurgence” points out the media’s annual labor-fest prognostication with a short listing by year of articles announcing labor’s alleged comebacks heralded over two decades.
Of the five major Fair Labor Standards Act (FLSA) exemptions (there are close to 21 other FLSA industry or job exemptions) one of the most misunderstood and misused is the Administrative Exemption.
It has seemed at least to people that track labor issues that the National Labor Relations Board (NLRB) has been on quite a roll favoring unions across the United States. The NLRB with its Democrat appointed Board majority and its very pro-labor agenda is working diligently to change interpretation of the National Labor Relations Act (NLRA) at every turn, including the major issue of joint employment status.
On Friday, Michigan Court of Claim Judge Douglas Shapiro issued a stay order in response to appeals filed by the State of Michigan. The stay was on his ruling two weeks ago holding that the method used by the Michigan Legislature to adopt and amend those laws was unconstitutionally conducted. In staying his ruling, the Judge stated there were “justified concerns” about employer’s ability to accommodate the changes so quickly.
Yesterday, Michigan Court of Claims ruled that the current Michigan Minimum Wage and Paid Sick Leave laws passed by an “adopt and amend” strategy in 2018 were not properly enacted pursuant to Michigan’s constitution.
Last month the Michigan Court of Appeals ruled against an employer that did not follow its employee handbook policies properly. The Court pointed to the importance not only of having an employee handbook but to set up the policies properly in order to achieve the true intent of what the employer wants from its handbook policies
The U.S. Supreme Court (SCOTUS) finished its term this year with some decisions that though not directly impacting employers, does compel them to review their benefit plans and other select policies to ensure they stay up to date.
The Society of Human Resource Management (SHRM) released its 2022 Employee Benefit Survey early last month. This national study provides an extensive look at employer benefit program offerings on a national scale.
Earlier this month a survey of 400 worldwide C-suite executives was conducted by Herbert Smith Freehills, LLP that found those executives foresee an unprecedented rise in workplace activism. The survey report found executives today are confronting employees articulating their views about not only workplace concerns and issues but on wider social issues. This worker activism is enabled and is consequentially amplified by social media.