Way back in 2018, we wrote about the Supreme Court of the United States’ decision in Janus, which held that compelling public sector employees to pay “fair share fees” to unions violates the First Amendment. As a refresher, a fair share fee is a fee that non-union members must pay to the union to
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Board Rules that Wearing BLM Markings Can Be Protected Activity Under the NLRA
On February 21, 2024, the National Labor Relations Board (“NLRB”) issued a decision finding that Home Depot violated Section 8(a)(1) of the National Labor Relations Act (“Act”) by using Home Depot’s dress code to require an employee to remove the acronym “BLM,” an initialism for “Black Lives Matter,” from the Employee’s work uniform. The decision…
DOL Rolls Out Final Rule on Independent Contractors under the FLSA
On January 9, 2024, the U.S. Department of Labor (“DOL”) issued a long-awaited Final Rule that addresses when a worker is properly classified as an independent contractor under the Fair Labor Standards Act (the “FLSA”). Under its new Rule, independent contractors are characterized as those workers who, as a matter of economic reality, are not…
Just When You Thought You Were All Zippered Up . . .The NLRB Issues a New Decision on Zipper Clauses
If you are gearing up for union negotiations in 2024, do not miss the opportunity to review current and past practices that may not have been incorporated into expiring collective bargaining agreements. Trust me, it will be worth the effort to dig up and review all of the side letters, settlements and memoranda of agreement…
Trade Group Sues DOL to Invalidate New Davis-Bacon Regulations
We wrote in August about major updates to the Davis-Bacon regulations issued by the Department of Labor. The Final Rule updating those regulations became effective on October 23, 2023. In the time since, contractors have been working to ensure compliance with the new requirements, including, among other things, seeking approval from the DOL before taking…
NLRB Clears a Path to Protect Employees Acting Solo
On August 31, 2023, the National Labor Relations Board issued a decision in Miller Plastic Products, Inc. that will make it easier for a single worker’s action to be considered “concerted” under the National Labor Relations Act. In a 3-1 decision, the Board overruled its 2019 decision in Alstate Maintenance, which had narrowed the circumstances in which the…
NLRB Orders Employers Must Prove the Need for Personal Conduct Rules
On August 2, 2023, the National Labor Relations Board reversed precedent on the issue of work rules that proscribe employee personal conduct. In Stericycle, the Board reversed and remanded an ALJ’s decision that found the employer violated Section 8(a)(1) by maintaining work rules addressing personal conduct, conflict of interest, and confidentiality of harassment complaints. In…
Here We Go Again – DOL Proposes Big Increases to the Minimum Salary Requirements for the FLSA’s White-Collar Exemptions
On August 30, 2023, the U.S. Department of Labor issued proposed regulations that would sharply increase the minimum salary requirements for the Fair Labor Standards Act’s white-collar overtime exemptions. These proposed regulations, if they take effect, would impact millions of currently exempt employees and create significant compliance issues for many employers.
Background and History
The…
Navigating the Future: Understanding the EEOC’s Latest Guidance on AI in Employment
NLRB Grants Labor Unions Superpowers in Organizing. Is it Game over for Employers?
The National Labor Relations Board issued a groundbreaking decision in Cemex Construction Materials Pacific, LLC that will likely leave employers reeling. The Board cast aside over 50 years of established law, and created a new standard that will further tilt the playing field in favor of labor unions in the union election process. The new…