Employment Law This Week: NLRB’s “Quickie Election” Rules, Layoff Doesn’t Violate FMLA, Plans Exempt from ERISA, Amended “Persuader Rule”

by Epstein Becker & Green
We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that could impact your work. Join us every Monday for a new five-minute episode! Read the firm's press release here and subscribe for updates.

This week’s stories include See more +

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that could impact your work. Join us every Monday for a new five-minute episode! Read the firm's press release here and subscribe for updates.

This week’s stories include ...

(1) NLRB Clarifies That Employers Must Share All Employee Phone Numbers

Our top story: The National Labor Relations Board (NLRB) says, “Hand over the telephone numbers!” The NLRB’s 2015 “quickie election” rules require employers to give a union “available” home and cell phone numbers and personal email addresses for all employees eligible to vote. In this case, an employer did not provide the union with employee phone numbers because the employer did not maintain them in any formal database or system. The union filed objections after the vote, noting that some supervisors at the company did have phone numbers of certain employees stored in their cell phones. The NLRB ruled that the company had failed to comply with the new election rules. This interpretation shows that employers must provide any and all phone numbers, even if they are not actually maintained in the company’s records. Kat Paterno, from Epstein Becker Green, has more:

“This case puts the requirement on the employer to search much more broadly than just their centralized database and actually go out and ask individual supervisors whether or not they have personal information related to each employee who is going to be on the voter list and then to include that information on the voter list. ... One best practice would be for employers to start requiring personal information at the hiring stage. … However, employers that find themselves served with a petition, the two-business-day requirement, it kicks in rather quickly. But the moment that an employer has the petition in hand or knows the petition is going to be served upon them, the employer should begin gathering this information immediately.”

(2) Fourth Circuit: Layoff Following Medical Leave Doesn’t Violate FMLA

A layoff occurring six weeks after medical leave was not a violation of the Family and Medical Leave Act (FMLA), the U.S. Court of Appeals for the Fourth Circuit has found. After returning from medical leave, an employee was assigned to manage a new project in a different division with the same salary and work location. Less than six weeks later, the employee and others in his department were laid off. The employee argued that he should have been restored to the exact position that he held before going on leave, and that the termination was retaliatory. The Fourth Circuit held that the FMLA does not require restoring an employee to his or her original position over an equivalent one and that the employee likely would have been laid off even if he had returned to his original position due to the employer’s financial circumstances.

(3) Plans Maintained by Church-Affiliated Entities Are Exempt from ERISA

The Supreme Court of the United States has ruled that pension plans established and maintained by some church-affiliated entities remain exempt from the Employee Retirement Income Security Act (ERISA). ERISA establishes certain requirements for employee benefit plans. So-called “church plans” are exempt from these requirements. At issue in this case was whether the exemption applies to church-affiliated entities that fund or manage a benefit plan for the employees of churches or church affiliates. The Supreme Court reversed the lower court, finding that church-affiliated entities are indeed eligible for the exemption.

(4) DOL Takes Next Step to Rescind Amended “Persuader Rule”

The U.S. Department of Labor (DOL) is asking for public feedback on the proposal to rescind its so-called “Persuader Rule.” The revised rule would have required employers and consultants, including lawyers, to report activity taken in response to union organizing campaigns, such as “indirect” persuader activity. A federal judge in Texas issued a permanent injunction halting the Persuader Rule’s implementation last year. The DOL is seeking to rescind the amended rule in order to further analyze whether it will have a chilling effect on employers’ rights to seek representation by an attorney.

(5) Tip of the Week

David Prince, General Counsel and Chief Compliance Officer at Stephens Investment Management Group, shares some advice for in-house counsel on staying ahead of regulations:

“I think the thing with in-house counsel is always be looking ahead at what the proposed regulations are. Get to know your regulators. They’re the ones that are going to come and examine you. ..."

Watch the episode and subscribe for notifications: EmploymentLawThisWeek.com See less -


Other MultiMedia by Epstein Becker & Green

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Epstein Becker & Green | Attorney Advertising

Written by:

Epstein Becker & Green

Epstein Becker & Green on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.