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Labor & Employment Administrative Agency

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

ALJ Decision In Favor Of Union Is Vacated For -- Sexism!

Interesting. The National Labor Relations Board has vacated the decision of an administrative law judge on the ground that his credibility determinations "were based on sex stereotypes and demonstrated bias." The...more

Gavel to Gavel: Labor Board goes back to the future

by McAfee & Taft on

In its short time, the newly reconstituted National Labor Relations Board has returned to the past on important labor-management subjects. With the new administration in Washington, most observers expected the NLRB to revisit...more

The NLRB Joins the #MeToo Movement

by Kelley Drye & Warren LLP on

As we previously posted, gender discrimination issues have been a hot topic at the National Labor Relations Board (“NLRB”). Now, it seems the NLRB is even more on board the #metoo movement – but with a twist, sexual...more

NLRB Solicits Briefs On Independent Contractor Misclassification As ULP Issue

by Jackson Lewis P.C. on

National Labor Relations Board Administrative Law Judge Arthur J. Amchan had ruled in Velox Express, Inc. that misclassification of employees as independent contractors violates Section 8(a)(1) of the National Labor Relations...more

Considering Offering Severance Pay in Exchange for Certain Post-Employment Obligations? Think Again.

An employer violated employee’s labor rights by offering her a separation agreement that contained unlawful terms ruled a National Labor Relations Board (“NLRB”) administrative law judge (“ALJ”) in Baylor Univ. Med. Ctr.,...more

Turns Out Attempting To Insert New Term Into Collective Bargaining Agreement Not Agreed To In Negotiations Violates The Law…Who...

As we have noted previously, the make-up of the Board currently stands at four out of five total members, divided evenly between two warring factions making it pretty much impossible to change the law which requires a...more

No Joke: New Disability Regulations To Go Into Effect April 1, 2018

by Hellmuth & Johnson PLLC on

People who make a disability claim in the U.S. will have stronger protections when a new rule goes into effect April 1, 2018. Late last year, the Department of Labor released a final rule to strengthen the claims and appeals...more

BUDGET 2018/2019: The “Super Bowl” of State Government

Congratulations to the Philadelphia Eagles, and its passionate fans, for winning Super Bowl LII and bringing the Lombardi Trophy back to the Commonwealth of Pennsylvania! Capitol Buzz celebrates your success, and the whole...more

Healthcare Employers Rejoice? Recent Shift In NLRB Decisions Impacts The Industry

by Fisher Phillips on

A new Republican majority took hold over the National Labor Relations Board (NLRB) at the end of 2017, leading to several significant labor decisions. Because the NLRB’s decisions and actions impact all industries, healthcare...more

Employment Flash - January 2018

The January 2018 edition of the Employment Flash looks at the Department of Labor's (DOL) new seven-factor internship test, a provision in the new tax law that seeks to reduce the use of nondisclosure agreements in sexual...more

NLRB Overturns Obama-Era Limitation on Employers' Ability to Implement Changes in Union Workplaces

by Payne & Fears on

The National Labor Relations Board has overturned E.I. du Pont de Nemours, 364 NLRB No. 113 (2016), a 2016 decision that limited changes employers could implement in union workplaces. The Board’s reversal means that...more

Restructuring On The Way For National Labor Relations Board Regional Offices?

by McGuireWoods LLP on

Bloomberg News reported last week that NLRB General Counsel Peter Robb may be considering “reorganizing the agency’s 26 regional offices into a smaller number of districts or regions supervised by officials who would report...more

Emergency Regulation Concerning Live-In Cases Lives On

by Hodgson Russ LLP on

Yesterday, the Industrial Board of Appeals dismissed a challenge brought by the Chinese Staff and Workers Association and other worker advocacy groups (collectively, the “Petitioner”) against the Commissioner of the New York...more

Howard’s End of the Week Roundup - January 21

by Fisher Phillips on

I started these posts after my partner Travis Vance and I realized that our clients and Firm friends are eager for information in areas other than labor, OSHA, and employment law. A number of nationally renowned thought...more

Cal/OSHA Approves Hotel Housekeeping Injury Standard – Likely to Go Into Effect Later This Year

by Fisher Phillips on

After nearly six years of discussion and debate, the Cal/OSHA Standards Board (Board) yesterday approved a standard on “Hotel Housekeeping Musculoskeletal Injury Prevention.”...more

The Bubbler: January 2018

2017 is in the books and 2018 is now upon us. A dramatic close to 2017 on Capitol Hill ushered in sweeping changes to the tax code that will begin to impact both employers and employees in a number of ways – some more...more

NLRB Reverses Information Request Decision…After Court Reverses Board Decision

December saw a flurry of decisions by the NLRB as it briefly held a full complement. The Board currently has only four members and so law-changing decisions are less likely to occur until a new member is confirmed....more

Justice Department reverses course on marijuana enforcement: What it means for employers

by Nexsen Pruet, PLLC on

Attorney General Jeff Sessions recently issued a guidance memorandum rescinding several Obama-era Justice Department memoranda regarding federal marijuana enforcement. ...more

US Tax Reform Impacts Roth Individual Retirement Account Conversions

by Morgan Lewis on

HR 1 makes Roth IRA conversion recharacterizations a thing of the past, but is silent on whether recharacterizing 2017 Roth IRA conversions in 2018 will be permitted....more

What Does New Employee Handbook Standard Mean?

by Ruder Ware on

Attorney Bob Reinertson wrote recently about a decision of the National Labor Relations Board that significantly changed how the NLRB will review workplace policies and employee handbooks to determine whether they are in...more

2017 Legislative Summary (Part Two): The Budget “Implementer” And Its Effect On Connecticut’s Schools And Public Employers.

In 2017, our firm published a summary of new legislation affecting Connecticut’s schools and public sector employers. However, the 2017 “regular session” of the Connecticut General Assembly was not the final word. Due to the...more

National Labor Relations Board Reverses Course on Joint Employer Test

by Perkins Coie on

The National Labor Relations Board (NLRB) issued a decision relating to the test for joint employment under the National Labor Relations Act (NLRA). The decision upheld the Administrative Law Judge’s ruling that two entities...more

IRS Releases New Tables for Employee Income Tax Withholding

by Hinshaw & Culbertson LLP on

On January 11, 2018, the IRS issued its new withholding tables to assist employers with processing payrolls and withholding federal income tax under the new Tax Reform Act signed into law late last year (the “Act”). IRS...more

Second Circuit Confirms that Secretary of Labor’s Decision Regarding Which Federal Law Applies is Subject to Chevron Deference

On December 18, 2017, the U.S. Court of Appeals or the Second Circuit decided the case of Secretary of Labor v. Cranesville Aggregate Companies, Inc., dba Scotia Bag Plant. In this case, the Secretary of Labor sought review...more

National Labor Relations Board Ends 2017 with a Flurry of Significant Decisions Reversing Recent Pro-Employee Precedents

by Dechert LLP on

Abandonment of Controversial Standards for Joint Employment and Review of Employer Policies Headline Slew of Changes - Since the election of President Trump, it has been a question of “when,” not “if,” the National Labor...more

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