NLRB – Average Time Between Petition Filing and Union Election is Just 23 Days.

Posted on March 14, 2016 by Selena Smith

The NLRB recently published the average time between the filing of a petition for an election and the election date under the NLRB’s new “quickie” election rules.  The average time (23 days) has decreased by two weeks in comparison to the prior election procedures.  This leaves significantly less time for companies to campaign against unions.  The election rules make it even more imperative for companies to promptly respond to unionization efforts in their workplaces.  For guidance on lawful campaign strategies, … Continue reading →

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Posted in Elections, Labor, Legal Updates, NLRB | Tagged , , | Leave a comment

COURTS ORDER REINSTATEMENT FOR EMPLOYEES WHO ENGAGED IN OFFENSIVE AND PROFANE SOCIAL MEDIA CONDUCT TOWARDS THEIR EMPLOYER

Posted on October 23, 2015 by Erik Laiho

Over the last several years, the National Labor Relations Board (“NLRB”) has issued several decisions overturning employer discipline for employee conduct on social media.  In a recent decision by the Second Circuit Court of Appeals, the federal court upheld the NLRB’s decision and ordered reinstatement for employees who posted a profane comment and approved an offensive post about their employer.  This appeals court decision contains some important warnings for employers who are considering discipline for employees’ negative social media conduct. … Continue reading →

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Posted in Handbook Policies, Labor, Legal Updates, NLRB, Social Media | Tagged , , , , | Leave a comment

RISKS INCREASE WHEN CONTRACTING FOR SERVICES OR USING AN INDEPENDENT CONTRACTOR

Posted on September 1, 2015 by Joseph Marra

Employers who use contract service providers or independent contractors are now at increased risk of being sued. The U.S. Department of Labor (USDOL) recently issued an interpretive bulletin aimed at curbing employers’ misclassification of individuals as independent contractors. The USDOL says most independent contractors should be legally classified as employees. An employee misclassified as an independent contractor can sue the employer for minimum wage violations, overtime pay and other benefits. The employer may also owe retroactive contributions for worker’s compensation … Continue reading →

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Posted in Department of Labor, Independent Contractor, Legal Updates, Wage and Hour | Tagged , , , , | Leave a comment

SUPREME COURT SIDES WITH THE EEOC AGAINST ABERCROMBIE & FITCH IN HIRING PRACTICE CASE ADDRESSING RELIGIOUS DISCRIMINATION

Posted on June 9, 2015 by Erik Laiho

The Supreme Court issued a controversial decision which should prompt Employers to review their hiring practices and criteria.  In the recent EEOC v. Abercrombie & Fitch case, the Supreme Court ruled that Abercrombie & Fitch discriminated against Samantha Elauf (“Elauf”) based on her religious practice of wearing a headscarf. Elauf, a Muslim, wore her headscarf to her Abercrombie & Fitch job interview.  During the interview, neither Elauf nor Abercrombie & Fitch representatives discussed her religion or her headscarf.  However, after … Continue reading →

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Posted in EEOC, Reasonable Accommodation, Reasonable Accomodation, Religious Discrimination, Supreme Court, Title VII | Tagged , , , | Leave a comment

Employers Should be Prepared for Union Organizing Under New “Quickie” Election Rules

Posted on May 26, 2015 by Chris Hilgenfeld

The National Labor Relations Board (NLRB) has recently issued its final rules regarding union representation case procedures.  These rules are commonly referred to as quickie election rules. These quickie election rules seek to expedite the election process.  They limit an employer’s ability to respond to union campaigns, effectively ambushing an unprepared Employer. BACKGROUND The NLRB is the federal agency responsible for governing private sector employer-union relations.  Part of its charge includes conducting elections for labor union representatives.  Representation elections may … Continue reading →

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SOCIAL ANXIETY DISORDER AND ADA DISABILITY

Posted on March 30, 2015 by Brian Lundgren

The United States Court of Appeals for the Fourth Circuit ruled on March 12, 2015 that social anxiety disorder may be a recognized disability under the Americans with Disability Act (ADA).  The case is titled: Jacobs v. N.C. Administrative Office of the Courts. Previously, the ADA definition of disability had been construed more narrowly by the courts.  However, where the alleged unlawful acts occurred after January 1, 2009, the Americans with Disabilities Act Amendments Act of 2008 (“ADAAA”) applies.  Under … Continue reading →

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Posted in ADA, EEOC, Leave Laws | Tagged , , | Leave a comment

NLRB STRIKES DOWN EMPLOYER CONFIDENTIALITY AGREEMENT

Posted on March 27, 2015 by Brian Lundgren

Recently, in Battle’s Transportation, Inc. and Jerome Kearney, the National Labor Relations Board (“NLRB”) ruled that an employer’s confidentiality agreement was an unlawful restriction on employee rights. The confidentiality agreement barred employees from discussing “human resources related information” and “investigations by outside agencies.”  The NLRB held the agreement was overboard because employees could reasonably construe those phrases to restrict employees from discussing their terms and conditions of employment or from discussing protected activity such as NLRB complaints or investigations. Employers should … Continue reading →

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FMLA Rules to Expand Definition of Spouse to Include Same-Sex Spouses

Posted on March 20, 2015 by Selena Smith

The Department of Labor has announced new rules expanding the definition of “spouse” under the Family Medical Leave Act (“FMLA”).  Under the new rules, eligible employees may take FMLA leave to care for a same-sex spouse.  The new rules become effective March 27, 2015. The FMLA applies to employers with at least 50 employees within a 75-mile radius.  To be eligible for FMLA leave, employees must have worked for the company at least 1,250 hours within the previous 12 months.  … Continue reading →

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NLRB Provides Legal Guidance on Weingarten Rights

Posted on March 11, 2015 by Selena Smith

A recent opinion issued by the NLRB’s Division of Advice (“Advice”) may effect employers with a unionized workforce.  Advice recently concluded that an employer did not violate an employee’s Weingarten rights when the employer searched a company vehicle driven by the employee.  Under Weingarten, an employee being interviewed may be entitled to union representation at the investigative meeting, if certain conditions are met.  The NLRB’s Division of Advice concluded that the vehicle search did not constitute an investigatory interview.  Thus, … Continue reading →

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TACOMA JOINS SEATTLE WITH ITS OWN PAID SICK LEAVE ORDINANCE

Posted on February 26, 2015 by Chris Hilgenfeld

The City of Tacoma has now joined the paid leave party, started by San Francisco, Seattle and Portland.  On January 27, 2015, the Tacoma City Council passed an ordinance regulating paid leave requirements.  The law takes effect on February 1, 2016. Unlike Seattle and Portland, the new law does not differentiate between the businesses size.  All employers – no matter the size – are required to provide paid sick leave as detailed by the ordinance and the impending administrative rules. … Continue reading →

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