ASE has followed the memo’s and decisions that have come out of NLRB in the last decade, and one “progressive” initiative has always stood out as very archaic. This the National Labor Relations Board (NLRB) position that production workers have a protected right to use disrespectful and vulgar language to express themselves based on their rights under the National Labor Relations Act (NLRA).
Employers can expect some changes to the FLSA as the Trump administration’s Department of Labor (DOL) looks to make its mark on this now 80-year old law. Some of the prospective changes that appear most imminent are:
In a loss that was doubly concerning for non-union employers, the International Association of Machinists (IAM) won an organizing election of a sub-set of machinists at Boeing’s newly opened North Charleston, South Carolina aircraft assembly plant.
Since 2012, McDonald’s Corporation and the NLRB have been embroiled in the question of what joint employment is. The question is over whether the McDonald’s Corporation as a franchisor could be held responsible for allegedly wrongful employment practices of its franchisees.
The Bureau of Labor Statistics (BLS) released its annual report on union membership finding that the number of union members in the Unites States remained unchanged at 10.7% of the labor force. This statistic represents both wage and salaried workers in unions both in the private and public sectors. The number of employees belonging to unions in 2017 rose to 14.8 million, up 262,000 from 2016.
Surprising all pundits including ASE, the National Labor Relations Board (NLRB or Board) came out with three decisions last week that were not expected until 2018.
“I’m not crazy. My reality is just different than yours,” quotes the Cheshire Cat in Alice in Wonderland. And so it may be said of the National Labor Relations Board (NLRB) – particularly over the past eight years or so.
It has been over two years since the National Labor Relations Board (NLRB) implemented their infamous Quickie or Ambush Election Rules. What is happening? In fiscal year 2017 the NLRB reported 1,854 Representation Certification (RC) election petitions filed. This is 175 RC elections less than the previous year’s number of petitions filed – not what was feared by the management side of labor.
The first Monday in October marked the beginning of the Supreme Court’s new term year. The Court announced it will hear at least several cases that will impact the human resources, labor relations, and employment relations fields.
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.
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.
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.
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.”
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