While the return of spring is a happy time for baseball fans, employers may be feeling a little less festive this April. Companies across the U.S. have been bracing for two significant regulations that were expected to be...more
4/24/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Contract ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Non-Compete Agreements ,
Restrictive Covenants ,
Unfair Competition ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
This holiday season, the National Labor Relations Board (NLRB or the “Board”) has bestowed a gift on organized labor. On December 26, 2023, significant, labor-friendly changes made by the NLRB for processing representation...more
As HR Legalist predicted when the National Labor Relations Board (NLRB) announced the proposed rule in September 2022, the pendulum of federal labor and employment law has once again swung in an employee-friendly direction....more
10/30/2023
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Control Test ,
Federal Labor Laws ,
Final Rules ,
Franchises ,
Joint Employers ,
NLRA ,
NLRB ,
Staffing Agencies ,
Unions
On Friday, August 25, 2023, The National Labor Relations Board (NLRB) issued a highly anticipated decision in Cemex Construction Materials Pacific, LLC which fundamentally shifts the paradigm governing how unions organize...more
8/29/2023
/ Collective Bargaining ,
Final Rules ,
Labor Relations ,
NLRA ,
NLRB ,
Quickie Election Rules ,
Secret Ballot ,
Unfair Labor Practices ,
Union Elections ,
Unions ,
Worker Representation
Over the past decades, standards for profanity, inappropriate social media use, and other workplace issues commonly addressed in employee handbooks have changed along with the political makeup of the National Labor Relations...more
As previously covered by HR Legalist, the National Labor Relations Board’s (“NLRB”) recent decision in McLaren v. Macomb ushered in a significant crackdown on non-disparagement and confidentiality provisions in employee...more
A huge change could be coming to the enforceability of non-compete agreements—and it might be very bad news for employers who rely on such agreements to protect their businesses. On January 5, 2023, the Federal Trade...more
1/9/2023
/ Contract Terms ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Proposed Rules ,
Public Comment ,
Restrictive Covenants ,
Section 5 ,
Unenforceable Contract Terms ,
Unfair Competition
While the Fall of 2022 marked the return of many employees to the physical workplace, the labor and employment landscape has changed significantly since the COVID-19 pandemic began. In this lunchtime program, our labor &...more
Join us on Thursday, October 7, 2021, for the next installment of “HR Legalist Live,” where Obermayer attorneys bring their popular blog to life.
This virtual presentation will include:
LABOR LAW UPDATE: WHAT TO EXPECT...more
9/16/2021
/ Biden Administration ,
Business Immigration ,
Centers for Disease Control and Prevention (CDC) ,
Collective Bargaining ,
Consulate ,
Coronavirus/COVID-19 ,
Employment Policies ,
Foreign Workers ,
Human Resources Professionals ,
Labor Regulations ,
Labor Relations ,
National Interest Waiver ,
NLRB ,
OSHA ,
Re-Opening Guidelines ,
Reasonable Accommodation ,
Remote Working ,
Return-to-Work Agreements ,
Travel Ban ,
Travel Restrictions ,
Traveling Employee ,
U.S. Embassies ,
Union Organizers ,
Unions ,
Vaccine Passports ,
Visa Applications ,
Visas ,
Webinars ,
Workplace Safety
On September 8, 2021, National Labor Relations Board (“NLRB”) General Counsel Jennifer Abruzzo created quite a stir when she issued a memorandum (GC 21-06) (“Memo”) bearing the subject line “Seeking Full Remedies.” The Memo...more
9/15/2021
/ Administrative Remedies ,
Collective Bargaining ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Labor Law Violations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Policy Memorandums ,
Proposed Legislation ,
Unfair Labor Practices ,
Unions
After only a few days in the White House, President Joe Biden and Vice President Kamala Harris have already made notable changes to the leadership of federal agencies that administer the nation’s labor and employment...more
2/3/2021
/ Biden Administration ,
Federal Labor Laws ,
Independent Contractors ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
Legislative Agendas ,
Minimum Wage ,
Union Organizers ,
Unions ,
Wage and Hour ,
Webinars
Second in a Series of Blogs Regarding the Presidential Transition -
On Saturday, November 7, 2020, all major media outlets called the 2020 presidential election in favor of Joe Biden and Kamala Harris, and President-elect...more
Prior to Tuesday, July 21, offensive employee conduct committed in the course of otherwise protected activity under the National Labor Relations Act (the “Act”) was more often than not shielded from employer discipline. ...more
Our COVID-19 Response Team previously published an Alert listing the circumstances upon which an employee would qualify under the Families First Coronavirus Response Act (“FFCRA”) for leave from work. To briefly reiterate,...more
Back in December 2019, HRLegalist blogged about the National Labor Relations Board’s (“NLRB”) new union election rules. This set of rules was a sweeping series of reforms that sought to slow down the union elections process,...more
Given the significant economic impact of the COVID-19 pandemic, many employers of all sizes are unfortunately struggling due to the sudden financial downturn. There are several different options that companies can make use of...more
Please note that this is a developing area of law, concerning unprecedented public health challenges. This webinar includes the most up-to-date information available as of the date of the presentation. However, laws and best...more
This week the National Labor Relations Board (“NLRB”) released the final version of its new standard for the test to be used in determining whether workers are jointly-employed by affiliated businesses (like in scenarios with...more
2/28/2020
/ Browning-Ferris Industries of California Inc. ,
Control Test ,
Fair Labor Standards Act (FLSA) ,
Franchises ,
Joint Employers ,
New Rules ,
NLRB ,
Right to Control ,
Staffing Agencies ,
Union Representatives ,
Unions
On April 9, 2019, the Department of Labor (“DOL”) published a Notice of Proposed Rulemaking aimed at clarifying the circumstances under which a business can be classified as a joint employer under the Fair Labor Standards Act...more
On January 25, 2019, the National Labor Relations Board (NLRB) issued an opinion in SuperShuttle DFW, Inc., holding that SuperShuttle DFW franchisees are independent contractors rather than employees and therefore not...more
Today the Supreme Court ruled, in a 5-4 decision, that public sector employees who are not members of a union cannot be forced to pay union fees covering the costs of collective bargaining (Janus v. AFSCME). In doing so, the...more
6/28/2018
/ Appeals ,
Constitutional Challenges ,
Fair Share Contribution ,
First Amendment ,
Janus v AFSCME ,
Non-Union ,
Payroll Deductions ,
Public Sector Unions ,
Reversal ,
SCOTUS ,
Stare Decisis ,
Union Dues
On March 7, 2018, the United States Court of Appeals for the Sixth Circuit reversed the dismissal of a gender identity discrimination lawsuit filed by the Equal Employment Opportunity Commission (EEOC) against a Michigan...more
3/13/2018
/ Appeals ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Freedom of Religion ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Religious Freedom Restoration Act (RFRA) ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title VII
As predicted by HR Legalist earlier this year, the new Republican-majority National Labor Relations Board (NLRB) has begun to reverse key labor rulings established during the Obama administration. On December 14, 2017, the...more
As covered earlier by HR Legalist, the Trump Administration was expected to make changes to labor and employment law through appointments to federal agencies, including the EEOC and the National Labor Relations Board (NLRB)....more
While the U.S. is the only industrialized nation that does not require paid family and medical leave, New York’s incoming Paid Family Leave Program (“PFL”) will guarantee paid leave for nearly all private sector employees,...more