Collective Bargaining

News & Analysis as of

Some pre- and post-shift activity not compensable

In recent years, a number of collective action wage and hour disputes involving the donning and doffing of protective work clothing have made their way through the courts. And in many of those cases, the employers have been...more

What lies beyond enterprise bargaining?

In 1993, the Keating government passed laws to move Australia towards a “system based primarily on bargaining at the workplace, with much less reliance on arbitration at the apex” (Laurie Brereton MP, Minister for Industrial...more

Deflate-Gate: Second Circuit Reinstates NFL’s Four Game Suspension of Tom Brady

That loud, horrible sound you may have heard this morning was New England Patriot fans gnashing their collective teeth. This morning the Second Circuit reinstated the NFL’s four game suspension of Patriot quarterback Tom...more

NLRB Continues to Allow Certain Rude and Aggressive Employee Behavior as Protected Concerted Activity

The National Labor Relations Board continues to scrutinize employer personnel decisions and workplace policies that arguably trigger the protections of § 7 of the National Labor Relations Act. Recall that this section of the...more

Department of Labor’s Long-Debated “Persuader” Regulations Expand the Scope of the Consulting Relationships that Must be Reported...

The U.S. Department of Labor’s Office of Labor-Management Standards (“OLMS”) recently issued its long-debated “persuader” regulations which, as of July 1, 2016, will require employers and their labor relations consultants,...more

New York State Will Provide Paid Family Leave and $15 Minimum Wage

On March 31, 2016, New York State’s governor and legislative leaders announced an agreement on the state’s budget for 2016-2017 (“Budget”). Governor Andrew Cuomo signed the bill enacting the Budget at a press conference...more

MMBA Factfinding Applies to All Negotiations Resulting in Impasse

Not Just Negotiations for a Comprehensive MOU - The factfinding procedures required by the Meyers Milias Brown Act apply to all negotiations which reach impasse, not just those arising from negotiations for a...more

No April Foolin’ – Third Lawsuit Challenging DOL Persuader Rule Is Filed

We now have an April Fool’s Day Persuader Rule challenge (but it’s real). The National Federation of Independent Business leads this group of plaintiffs, and has filed suit in federal court in Texas, which is in the Fifth...more

Not So Fast! Business Groups Sue to Block DOL "Persuader" Rule

On March 30, 2016, one week after the U.S. Department of Labor (DOL) published its final “Persuader” Rule, the National Association of Manufacturers and other national, state and local business groups sued the DOL to block...more

Split Supreme Court Upholds Union Agency Fees...for Now

On March 29, 2016, the United States Supreme Court affirmed a decision permitting public-sector unions to continue collecting “agency fees” from nonmember workers. This is a major victory for public sector unions, as a...more

Second Lawsuit Challenges USDOL Persuader Rule

Mercy me! We now have a second challenge to the U.S. Department of Labor’s Persuader Rule, filed today in federal court in Minnesota. This morning, I reported on a lawsuit filed yesterday in federal court in Arkansas. What...more

New Complaint Highlights Continuing Battle over Pay Disparity by Gender in Sports

On March 31, 2016, came word that members of the U.S. National Women’s Soccer Team are filing a discrimination complaint against the U.S. Soccer Federation on the grounds that they are paid less than their male...more

Illinois Supreme Court Vacates 2% Wage Increase for State Employees

Last week, the Illinois Supreme Court vacated an arbitration award requiring the State to pay a 2% wage increase to certain state employees who are represented by the American Federation of State, County and Municipal...more

Top franchise decisions: two standouts from 2015

Perhaps the most significant decision last year affecting franchising was not issued by a court and did not involve a franchise system. In an August 27, 2015 decision, the National Labor Relations Board (NLRB) in...more

Public Sector Unions Dodge a Bullet on Non-Member Fees

Public sector union officials and their allies will breathe easier as a challenge to the collection of “agency fees” from non-members was rejected by a deadlocked United States Supreme Court earlier this week. In a per curiam...more

First Lawsuit Challenges DOL’s Persuader Rule

Like the first robin in spring, here is what we believe is the first lawsuit challenging the “Persuader Rule,” issued last week by the U.S. Department of Labor. ...more

DOL Releases Final "Persuader" Rule, Touting Transparency

In a move highly anticipated and supported by unions, the U.S. Department of Labor (DOL) issued its final “persuader” rule on March 23, 2016. The revised rule expands the information which must be disclosed by employers and...more

Labor & Employment Advisory: Department of Labor Issues Final Rule Regarding Union Persuader Transparency

Last week, the U.S. Department of Labor (DOL) issued a final rule that requires employers to report agreements they have made with outside consultants to craft anti-union messages to workers. As a general matter, the...more

What You Need to Know About the Corporate Human Rights Benchmark

On March 21, the Corporate Human Rights Benchmark (“CHRB”) released the methodology that it will use to rank 100 companies on their human rights performance as part of an initial pilot. The companies chosen for the pilot...more

Employers Must Prepare Immediately for the Persuader Rule

On March 23, 2016 the United States Department of Labor issued its final “persuader rule” for publication. The persuader rule “modifies” the “advice exemption” under the Labor-Management Reporting Disclosure Act of 1959...more

California Bill Seeks to Enable Independent Contractors in the “Gig Economy” to Organize, Bargain, and Strike

In what could prove a harbinger of worker classification developments to come, Assembly Member Lorena Gonzalez (D – San Diego) has proposed AB 1727, “The California 1099 Self-Organizing Act.” The bill, which is at the...more

U.S. Department of Labor Publishes New Persuader Rule

The U.S. Department of Labor (DOL) published on March 23, 2016, its controversial "persuader" rule concerning labor relations activity that will force many employers and their law firms to file reports annually with the...more

Department of Labor Publishes Long-Awaited “Persuader” Final Rule

On March 24, the Department of Labor published its long-awaited revisions to its regulations regarding the “persuader” reporting requirement under Section 203 of the Labor Management Reporting and Disclosure Act (LMRDA). As...more

Lifting the Curtain on Union Organizing Campaigns

Office of Labor-Management Standards (OLMS) Final Rule on Persuader Reporting Increases Transparency for Workers - The Persuader Final Rule realigns the Department’s regulations with the text of a law passed by Congress,...more

DOL Issues Final Union “Persuader” Rule

On March 24, 2016, the Department of Labor (DOL) published the long-awaited final union “Persuader Rule,” which significantly expands the public reporting requirements of employers and their consultants (including attorneys)...more

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