News & Analysis as of

NLRB to McDonald’s: Not Lovin’ It

In a breathtaking announcement issued on July 29, 2014, the Office of the General Counsel of the National Labor Relations Board has authorized the issuance of complaints against McDonald’s USC, LLC in at least 43 unfair labor...more

LIRR Strike Averted, but Employers Should Remain Aware of Wage and Hour Requirements When Outside Events Prevent Workers From...

Recently, union leaders at the Long Island Railroad and representatives of the Metropolitan Transportation Authority finally reached a deal to avoid a strike. If a strike had occurred, businesses would have faced a...more

Unionized Employers: Review the Wage Provisions in Your Collective Bargaining Agreements

Employers face many headaches in a unionized workplace, but one supposed benefit of a union is that it streamlines procedures across large groups of employees. The employer can look to the collective bargaining agreement to...more

Take 5 Newsletter: Five Hot Topics in Hospitality Law

ACA Final Regulations Provide Rules for Seasonal Employees - On February 10, 2014, the Internal Revenue Service ("IRS") promulgated final regulations for the ACA's employer "shared responsibility provisions" in IRS...more

U.S. Supreme Court Issues Ruling on ‘Changing Clothes’ and Compensation under FLSA

The U.S. Supreme Court recently held that U.S. Steel was not required to compensate its employees for time spent donning and doffing protective gear. The Court reasoned that the collective bargaining agreement between U.S....more

Employer Payment of Union Officials’ Salaries Deemed Unlawful

Seventh Circuit breaks with long-relied-upon precedent, holding that wage payments to former employees on leaves of absence for union business violate section 302 of the LMRA....more

Detroit District Court Certifies Antitrust Class of Registered Nurse

What is the right compensation for a particular job? That’s the question virtually every employer must face. Pay too little, and the employer may not be able to fill a position or must settle for less than the best...more

Labor & Employment E-Note - September 12, 2013

In This Issue: - A.F.L.- C.I.O. Seeks to Lure Nonunion Workers to Boost Ranks - Appeals Court Affirms Unions Can Organize Smaller Units - IRS to Begin Classifying Automatic Gratuities as Taxable Wages - More...more

International Employment Law Review: August 2013 - Issue 4: Recent Employment Law Developments in Luxembourg

Legislation - Law Against the Employment of Illegal Aliens Passed - On December 21, 2012, the Luxembourg Parliament enacted a law against the employment of individuals illegally present in Luxembourg....more

NLRB Rules That Union’s Offer To Waive Dues For Six Months To Make Up For Tiny Wage Increase Did Not Interfere With...

As of July 31, the NLRB has a full complement of Board Members, for the first time in about ten years. The fact the deal on appointments has been progressing for a few weeks did not prohibit the three member Board of...more

What Is a “Workers Center”? Just Another Name for a Union?

On Monday, July 29, workers staged a series of one-day strikes in seven cities across the country at some of the nation’s best known and most profitable fast-food restaurants....more

Spotlight On Belgium: Trends in the Legal Landscape - Issue 2, 2013

We are delighted to present you the second edition of Spotlight on Belgium, DLA Piper Belgium’s quarterly newsletter which aims to inform you about current legal developments that could affect your business. As the...more

Bill on Bankruptcy: Lawyers Must Disclose What Clients Pay  [Video]

June 19 (Bloomberg) -- Lawyers may object to disclosing how much they actually collect per hour from non-bankrupt clients, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle explain on...more

Legal Alert: Fast Food Walkouts May Be Just Beginning

The well-publicized citywide fast food walkout in New York City on April 4, followed by another in Chicago on April 24, appear to be just the beginning of efforts to pressure fast food restaurants into paying higher wages....more

San Jose Minimum Wage is Now $10.00 Per Hour

On November 6, 2012, the City of San Jose approved a Minimum Wage Ordinance (MWO) that became effective on March 11, 2013. Under the MWO, the minimum wage for “covered employees” working within the city limits of San Jose...more

Employment And Labor Law Alert - It's Official: Michigan's "Right-To-Work" Law Takes Effect

On March 28, 2013, Michigan's "right-to-work" law, the Workplace Fairness and Equity Act, went into effect. The law prohibits any requirement that an employee pay union dues or join a union as a condition of employment. The...more

Communicating With the Workforce — A Very Good Idea, But Proceed With Caution

Most employers communicate with their workforce about a wide variety of employment related issues — personnel policies, wage and benefit issues, organizational changes, etc. These communications — whether verbal or in writing...more

2013 US Labor and Employment Horizon

Overview - As a resource to our clients, the Labor, Employment and Workplace Safety team at K&L Gates has summarized major legislative changes and key cases affecting employers in 2013 in certain key states in which we...more

Under FLSA Section 203(o) Does the Term "Changing Clothes" Include the Time a Manufacturing Employee Spends Putting On and Taking...

For minimum wage and over-time purposes, Section 203(o) of the Fair Labor Standards Act (FLSA) states that "hours worked" does not include time spent "changing clothes" if that time is excluded from working time by the...more

Board Majority Holds Perpetual Wage Increases Post-Contract Expiration

In NLRB Decision Finley Hospital, a National Labor Relations Board (Board) majority (Members Pearce and Block) held, over the strong dissent of Board Member Brian Hayes, that a 3 percent annual pay increase for nurses...more

México Promulga Reformas Importantes a la Ley Federal del Trabajo

El día de hoy se publicó en el Diario Oficial de la Federación el "Decreto por el que se reforman, adicionan y derogan diversas disposiciones de la Ley Federal del Trabajo" de México. Las reformas entran en vigor a partir del...more

Mexico Enacts Important Reforms to the Federal Labor Law

Mexico's Federal Official Gazette today published a Decree that reforms and repeals various provisions of its Federal Labor Law (FLL). The reform will become effective on December 1, 2012, with some exceptions which are...more

Court Grants Summary Judgment Against Coca-Cola In Breach Of Collective Bargaining Agreement Claim By United Steel Workers

In Local Union 2-2000 United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied-Industrial, Chemical and Service Workers International Union v. Coca-Cola Refreshments U.S.A. Inc. (W.D. Mich. Nov. 21, 2012), the...more

Contract Language Requires Continued Wage Increases Even After Expiration, rules divided NLRB

The process of collective bargaining is filled with nuance and sublety. Unlike other business negotiations, there is often a dance that takes place as the parties attempt to reach an agreement. Given the Act’s mandate that...more

Court Sends Collective Action to the Showers on Wage Claim for Time Spent Changing Clothes and Blows the Whistle on the “Clock”...

In Sandifer v. United States Steel Corp. the Seventh Circuit considered claims brought by 800 former and current unionized hourly workers at U.S. Steel’s Gary, Indiana steel works facility under the Fair Labor Standards Act...more

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