News & Analysis as of

Unions

Seventh Circuit Upholds Wisconsin’s Right-To-Work Law

by SmithAmundsen LLC on

On July 12, 2017, a three judge panel in the seventh circuit unanimously affirmed District Judge J.P. Stadtmueller’s ruling dismissing a lawsuit filed by two International Union of Operating Engineers (IUOE) locals that...more

New NC Law Improves Protections of Farmers Against Unionization

by Nexsen Pruet, PLLC on

On July 13, 2017, North Carolina helped farmers by improving statutory protections against unionization. Although farmworkers generally do not have a statutory right to unionize under N.C. or federal law, unions are using...more

Senate HELP Committee Questions NLRB Nominees on Higher Education Issues

by Hogan Lovells on

During the Obama Administration the National Labor Relations Board (“NLRB” or the “Board”) opened wider the gates of private colleges and universities to organized labor. In 2014 the Board made it easier for faculty to...more

Right-to-Work Law Upheld

by Ruder Ware on

Without much fanfare, the Seventh Circuit Court of Appeals has upheld the Wisconsin Right-to-Work Law. The Right-to-Work Law passed in Wisconsin is similar to a law passed in Indiana and holds that a company may not enter...more

Is the path to Unionized Gig Workers Paved through Credit Card Gratuities?

by Fisher Phillips on

If at first you don’t succeed, try, try again. This mantra holds true for California Assemblywoman Lorena Gonzalez Fletcher. In February 2017, Gonzalez Fletcher introduced Assembly Bill 1099 – appropriately named for the IRS...more

Majority Rules: German Constitutional Court Confirms Constitutionality of Tariff Unity Act

by Jones Day on

On July 11, 2017, the German Federal Constitutional Court in essence rejected actions by certain smaller trade unions against a "tariff unity" law introduced almost exactly two years before. This is a major setback for trade...more

Brazil to Enact Expansive Labor Law Reforms

by Littler on

On July 11, 2017, the Brazilian Senate approved the Labor Reform Bill, which is now before the president for signing. The Labor Reform Bill is one of the current administration's main projects to reignite the economy and make...more

Attack Falsely Alleging Sandwich Maker Engaged In Unhealthy Practices Not Protected Activity Concludes Appeals Court, Overruling...

Labor disputes are passionate affairs. Workplace grievances elicit all sorts of strident behavior. When the dispute involves a group of employees, the effect can become magnified. The exact point at which the stridency of an...more

WPI Insider Briefing: Workplace Policy under the Trump Administration Begins to Take Shape as "Repeal and Replace" of the ACA...

by Littler on

Five months into President Trump's term, his administration's workplace policy is beginning to take shape. From notable developments at the Department of Labor (DOL), to long-awaited nominations to the National Labor...more

“Civil” War At The Workplace: Enforcing Civility Rules In Light Of Federal Roadblocks

by Fisher Phillips on

Almost everyone would agree they prefer to work in a civil and respectful environment. Because of this, many employers have developed policies and training sessions to promote civil and respectful behavior in the workplace....more

Are Your Employees’ Personal Phone Numbers “Available” to You?

by Miles & Stockbridge P.C. on

In April of 2015, the National Labor Relations Board (“NLRB”) issued its new Election Rule (“Rule”) governing representation case procedures. The NLRB recently construed a portion of the Rule in a way which will make it more...more

The Italian Supreme Court Restricts Employer’s Remote Control of Employees

by Bryan Cave on

The Italian Supreme Court, with its recent decision (No. 22148 of May 8, 2017), restated the main principle of Section 4 of “Workers’ Statute of Rights” (as amended by Section 23 of the Legislative Decree No. 151/2017)...more

Novel Theory Related To Violation Of Bargaining “Ground Rules” Fails (Fortunately)

When an employer and a union sit down to bargain they often agree to ground rules for how negotiations are to be conducted. A common ground rule, for example, is for the parties to agree to address “non-economic” items before...more

Major Changes Proposed to Ontario’s Labor and Employment Laws

On June 1, 2017, the Ontario government introduced the Fair Workplaces, Better Jobs Act (Bill 148). Bill 148 is not yet the law of the province but, if enacted, it contemplates sweeping changes to both traditional labor and...more

DOL: "Joint Employer" and "Independent Contractor" Guidance Out and Wage and Hour Opinion Letters In

by Akerman LLP - HR Defense on

On the heels of withdrawing published interpretations of the concepts of “joint employer” and “independent contractor,” the Secretary of Labor announced this week that it will reinstate the issuance of opinion letters....more

Proposed Changes to Ontario Employment and Labour Laws

by Dickinson Wright on

On May 23, 2017, the Government of Ontario’s Special Advisors released their Final Report from the Changing Workplaces Review (the Final Report) which outlines 173 recommendations to amend the Employment Standards Act...more

Executive Labor Summary - May / June 2017

NEWS & ANALYSIS - Trump nominations on track to fill open seats on the NLRB - After a slow start, President Trump is taking the steps to fill more slots at various agencies, including the National Labor Relations Board. On...more

Here We Go Again! DOL Proposes to Rescind the Permanently Enjoined “Persuader” Rule (and Perhaps Revise It)

The U.S. Department of Labor (DOL) moved one step closer to undoing President Obama's permanently enjoined “persuader activity” regulation when, on June 12, the agency issued a notice of proposed rulemaking (NPRM) for reverse...more

Updates in Federal Employment Law

by White & Case LLP on

No-Recording Policies at Work Must Be Limited - On June 1, 2017, the United States Court of Appeals for the Second Circuit held in Whole Foods Market Group, Inc. v. National Labor Relations Board that the federal National...more

Department of Labor Moves To Rescind “Persuader Rule” with Notice of Proposed Rulemaking

On June 12, 2017, the U.S. Department of Labor’s (“DOL”) Office of Labor-Management Standards published a notice of proposed rulemaking regarding its intention to rescind the so-called “persuader rule,” moving the DOL one...more

Case Demonstrates Perils Of Refusing To Discuss Issues With Union

A significant change in NLRB precedent during the last few years was the added requirement that an employer bargain over discretionary aspects of discipline in the period between the union acquiring representational rights...more

Shifting Sands Continue to Undermine Traditional Definitions of Employment

On June 7, 2017, the Wage and Hour Division of the United States Department of Labor withdrew two Administrator’s Interpretations issued during the Obama administration that took a broad view of the employment relationship...more

Another Facially Neutral Employment Policy Bites the Dust

About a year ago, the National Labor Relations Board (NLRB or Board) struck down another neutral employer workplace rule – this one against making unauthorized recordings in the workplace. The NLRB’s decision just was...more

Employers Permitted to Modify Retiree Benefits Following Expiration of CBA

In a closely watched case for employers, the Third Circuit Court of Appeals, which has jurisdiction in Pennsylvania, New Jersey, Delaware and the U.S. Virgin Islands, recently held that retiree healthcare benefits provided in...more

Top Five Labor Law Developments In May 2017

by Jackson Lewis P.C. on

1. Handbook rules requiring employees to obtain preapproval to use cameras and other recording devices at work are not per se unlawful, according to the National Labor Relations Board. Mercedes-Benz U.S. Int’l Inc., 365 NLRB...more

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