The U.S. Supreme Court has held that Lafe Solomon did not validly serve as Acting General Counsel for the National Labor Relations Board (NLRB) after former President Barack Obama nominated him to permanently fill that...more
On January 9, 2017, the U.S. Ninth Circuit Court of Appeals ruled in Navarro v. Encino Motorcars, for the second time, that service advisors at automotive dealerships are not exempt from overtime. In 2015, the Ninth Circuit...more
1/11/2017
/ Appeals ,
Automotive Industry ,
Car Dealerships ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Navarro v Encino Motorcars ,
Non-Exempt Employees ,
Over-Time ,
SCOTUS ,
Service Advisors ,
Wage and Hour ,
White-Collar Exemptions
A federal judge on November 28 refused to block implementation of the anti-retaliation provisions of OSHA’s recordkeeping and reporting rule scheduled to take effect December 1, 2016. The business groups challenging the rule...more
The Occupational Safety and Health Administration (OSHA) recently published a final rule revising its recordkeeping and reporting regulation to specifically state that employer policies for reporting workplace injuries and...more
6/21/2016
/ Anti-Retaliation Provisions ,
Drug Testing ,
Electronic Filing ,
Employer Liability Issues ,
Employer Mandates ,
Incentives ,
OSHA ,
Recordkeeping Requirements ,
Reporting Requirements ,
Workplace Injury ,
Workplace Safety
On August 27, 2015, the National Labor Relations Board (NLRB or Board) issued its long-awaited decision in Browning-Ferris Industries (BFI) substantially changing and expanding the standard for finding a joint-employer...more
8/31/2015
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Corporate Counsel ,
Franchisee ,
Franchisors ,
Hiring & Firing ,
Joint Employers ,
NLRA ,
NLRB ,
OSHA ,
Unfair Labor Practices ,
Unions ,
Wage and Hour
On April 10, 2015, Emory University School of Law and the Emory Law Journal presented a symposium, sponsored by FordHarrison, focused on the National Labor Relations Board (NLRB) and its recent decisions and actions....more
Perhaps overlooked due to the announcement by the National Labor Relations Board ("NLRB" or the "Board") of its revised procedures for union elections, the NLRB issued a decision on December 11 that will have a far-reaching...more
On September 11, 2014, the Occupational Safety and Health Administration (OSHA) announced a final rule changing the list of establishments required to keep records and reporting of work-related injuries. The new rule goes...more
Over the last two years fast-food workers have engaged in walkouts and other activities protesting their wages and seeking an increase to $15/hr. Numerous unfair labor practice charges have been filed with the National Labor...more
8/7/2014
/ Employee Rights ,
Franchisors ,
Joint Employers ,
Minimum Wage ,
NLRA ,
NLRB ,
Popular ,
Resorts & Restaurants ,
Restaurant Industry ,
Wage and Hour ,
Wages
In a long-awaited decision, the U.S. Supreme Court has held that President Obama's recess appointments of Members Block, Griffin, and Flynn to the National Labor Relations Board (NLRB) on January 4, 2012, were...more
Many employers are using or considering using payroll cards to pay employees. A number of states have wage payment laws restricting employers' use of such cards. On September 12, 2013, the Consumer Financial Protection...more
Beginning January 1, 2013, employers must use the revised forms issued by the Consumer Financial Protection Bureau (CFPB) in November 2012 to conduct background checks under the Fair Credit Reporting Act (FCRA). ...more