Collective Bargaining

News & Analysis as of

What Does an Independent Contractor Mean to You? Eleventh Circuit Issues Significant Independent-Contractor Ruling

Last week, the U.S. Court of Appeals for the Eleventh Circuit (which has jurisdiction over Alabama, Florida and Georgia) issued a ruling that is noteworthy for all employers, addressing the often-contested issue of whether a...more

Keep This Between Us—and the Government: Confidentiality of Witness Interviews in Corporate Internal Investigations

Internal investigations into suspected employee wrongdoing are particularly tricky for in-house counsel, who must protect corporate confidentiality, be mindful of regulatory reporting requirements, and respect labor...more

Can Graduate Student Assistants Unionize?

In 2004, the NLRB found that graduate student assistants at Brown University who performed services in connection with their studies were not employees and thus could not unionize. The NLRB is now revisiting this issue in a...more

California’s Minimum Wage Increase: The Impact May Be Broader Than Employers Think

Effective January 1, 2016, California has increased its minimum wage from $9 per hour to $10 per hour. This is the second increase to the state minimum wage in the past year and a half. Remember, the obligation to pay minimum...more

NLRB to Consider Whether Grad Students at Private Universities Are “Employees” Covered by the NLRA

Whether graduate student assistants at private universities are “employees” covered by the National Labor Relations Act (NLRA) might soon be taken up (again) by the National Labor Relations Board (NLRB). Since overruling...more

President Obama's Last State of the Union Address

On the evening of January 12, 2016, in his seventh and final State of the Union (SOTU) address, President Barack Obama delivered a look back at what he hopes will be remembered as his legacy accomplishments in office, as well...more

Seattle Becomes First City in U.S. to Allow Uber Drivers to Unionize

In December, 2015, the Seattle City Council unanimously voted in favor of legislation that expressly permits drivers for Uber, Lyft and other ride-hailing services to unionize. Drivers for these companies, who are treated as...more

Supreme Court Signals Skepticism of Public-Sector Union Agency Fees

On January 11, 2016, the U.S. Supreme Court heard oral arguments in Frederichs v. California Teachers Association, a case that will decide whether public-sector employees can be forced to pay union dues as a condition of...more

Executive Labor Summary: 2015 Wrap-Up Edition

U.S. Department of Labor moves forward with new "persuader" regulations, expected in March 2016 - As we have previously reported, the U.S. Department of Labor has long wanted to revise the "persuader" reporting rules under...more

The Meritas Guide To Employment Law On A Business Sale In Europe, Middle East And Africa - April 2015: UK

1. DO EMPLOYEES AUTOMATICALLY TRANSFER TO THE BUYER WHEN A BUSINESS IS SOLD? Where there is a business transfer or a service provision change (outsourcing or insourcing or a change of provider) which is within the scope...more

NYC To Provide Municipal Employees With Six Weeks of Paid Maternity, Paternity, Adoption And Foster-Care Leave As of January 1,...

On December 22, 2015, New York City Mayor Bill de Blasio announced that he will sign an Executive Order granting municipal managers and non-unionized workers up to 6 weeks of paid maternity, paternity, adoption and...more

Uber Complicated? State and Local Labor Law May Fill in Federal Gaps

Last week, Seattle passed a historic law that would allow Uber drivers – whom Uber has steadfastly maintained are independent contractors despite legal challenges – to organize, form a union, and bargain over the terms and...more

The Flipside of BFI: Joint Employment Not Found

Back in August of this year, Baker Donelson issued a Labor & Employment Alert regarding the National Labor Relations Board's (NLRB) new joint employer standard as announced in its Browning Ferris Industries (BFI) decision. In...more

Seattle City Council Passes Union Legislative Over Mayor’s Objections

On December 14, 2015, the Seattle City Council passed a highly controversial bill purporting to allow individuals who drive for transportation network companies such as Uber and Lyft to unionize. The law would further permit...more

Telecommuting — Employees Enter the Sharing Economy? (Part 2)

Last week we began delving into some of the many issues that the rise of telecommuting has caused employers to confront, ranging from jurisdictional questions to how to determine when remote employees are actually working and...more

NRLB to Reconsider Unionization of Private College Graduate Students

Last month, the National Labor Relations Board (“NRLB”) voted 3 to 1 to reconsider whether graduate students who work as teaching assistants or research assistants at private universities are protected by the National Labor...more

Words Matter: D.C. Circuit Upholds (in part) NLRB's Ruling on Hyundai Handbook Policies

A recent opinion from the D.C. Circuit Court of Appeals, Hyundai Am. Shipping Agency, Inc. v. NLRB, illustrates the importance of word choice in handbook policies under the watchful eye of the National Labor Relations Board...more

Preparing for a New World of Collective Action by Student-Athletes

With stunning speed, the balance of power between collegiate athletes and the institutions they play for has changed. Recent events at the University of Missouri may feel like a tectonic shift but the preceding tremors had...more

How to Deal with Employees

I always say that the main reason that I don’t want to have employees is because I was an employee once too. The union lawyers I worked with just didn’t understand the whole dynamic of the employer-employee relationship. They...more

Limitations of Labor Negotiations Exception to Brown Act - Does Not Include Negotiation of a Project Labor Agreement When the...

The labor negotiations exception to the open-meeting requirements of the Ralph M. Brown Act does not permit a community college district’s governing board to meet in closed session to discuss the negotiation of a project...more

Company’s use of GPS to track employee did not violate collective bargaining agreement

On November 2, 2015, the National Labor Relations Board (NLRB) released an advisory letter stating that Shore Point Distribution Co. (Shore Point), an alcoholic beverage distributor in New Jersey, did not violate labor laws...more

Ford UAW Workers Defy Logic Of Ricky Bobby With New Tentative Agreement

If you ain’t first, you’re last. Not so say the Ford UAW workers whose bargaining committee recently reached a new tentative agreement with Ford. While Ford was the last to reach a tentative agreement with the UAW, if the...more

Winter Is Coming…So What Should Employers Do To Prepare?

As readers of epic fantasy novels and viewers of a certain cable TV-show know all too well, winter is most definitely coming. Your radio is already playing holiday music, the shiny decorations are already out in malls and...more

NLRB Hands Employers a Win (Seriously!): GPS Tracking of Employee Upheld

It is no surprise that the National Labor Relations Board (NLRB) has been busy this summer establishing several principles that are frightening to employers. But in an unexpected turn of events, the NLRB Office of the General...more

SEE YOU IN COURT – November 2015

Negotiations with the Nutmeg Union of Teachers (NUTS) went better than usual this year. NUTS did not waste a lot of time trying to usurp management rights, and it focused instead on the bread-and-butter issues of salary and...more

443 Results
|
View per page
Page: of 18

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×