On September 22, 2020, President Trump signed a new executive order “On Combating Race and Sex Stereotyping.” The new order applies to federal contractors, federal agencies, and federal grant recipients and bans training that...more
9/29/2020
/ Bias ,
Civil Rights Act ,
Colleges ,
Deregulation ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Employee Training ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Race Relations ,
Sexual Stereotyping ,
Title VII ,
Trump Administration ,
Universities
On September 22, 2020, the Department of Labor (“DOL”) released a proposed rule providing a more employer-friendly interpretation of independent contractor status under the Fair Labor Standards Act.
The proposed rule...more
On September 8, 2020, the U.S. District Court for the Southern District of New York issued its opinion in New York v. Scalia et al., S.D.N.Y., No. 20-01689, vacating the Department of Labor’s (“DOL”) April 27, 2020 final rule...more
On July 28, 2020, the National Labor Relations Board (“NLRB” or the “Board”) announced another round of rule changes that would impact representation election procedures in two significant ways. We previously discussed prior...more
On July 21, 2020, the National Labor Relations Board (“NLRB” or “the Board”) issued its decision in General Motors LLC, 369 NLRB No. 127, reviving the Wright Line test and making it easier for employers to discipline an...more
The Movement for Black Lives (“M4BL”), in coalition with the Service Employees International Union, the American Federation of Teachers, United Farm Workers, and Fight for 15, recently announced the organization of a...more
On Saturday, May 30, 2020, Judge Ketanji Brown Jackson granted summary judgment in favor of the AFL-CIO based on its challenge that the National Labor Relations Board (“NLRB” or the “Board”) was not permitted to revise rules...more
On May 31, 2020, the NLRB’s long-awaited amendments to its procedures regarding the procedure and schedule of Representation or “R” cases will become effective, revising changes that went into effect in 2014. There are a...more
On April 27, 2020, Governor Mike DeWine issued a detailed plan to begin to reopen businesses across Ohio in the hopes of increasing economic activity while managing the risks associated with the COVID-19 pandemic. The...more
Several states have begun to implement plans to “re-open” their economies. Many of these re-opening plans involve multiple phases during which various sets of businesses may resume operations. States may also require...more
On April 27, 2020, Governor Mike DeWine issued a detailed plan to begin to reopen businesses across Ohio in the hopes of increasing economic activity while managing the risks associated with the COVID-19 pandemic.
The plan...more
On March 31, the National Labor Relations Board (“NLRB”) finalized a series of rules, slated for publication on April 1, addressing union elections and recognition, which were originally proposed last August. The three parts...more
Due to the vast impact of the COVID-19 pandemic on every facet of life, many employers have considered reducing hours or closing worksites in order to withstand the devastating economic slowdown. The pandemic has especially...more
On March 12, 2020, the California Supreme Court in Kim v. Reins International California Inc. determined that an individual employee who released his individual claims nonetheless retained standing to pursue his claims under...more
The National Labor Relations Board (“NLRB”) announced this morning that its final rule outlining the legal test for determining a joint employer will be published in the federal register tomorrow, February 26, 2020, and...more
In May 2018, the Supreme Court upheld the validity of arbitration agreements containing class action waivers in Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018), resolving a circuit split and ending a six-year dispute...more
The Bureau of Labor Statistics (“BLS”) released its 2019 data regarding union membership on January 22, 2020. The decline of union membership in the private sector continues. Since 1983, the number of union members has...more
On January 12, 2020, the Department of Labor (Department) announced a final rule to revise and update its regulations interpreting joint employer status under the Fair Labor Standards Act (FLSA) (see prior alert on Department...more
Just before Christmas, the National Labor Relations Board (“NLRB”) evaluated two dress code policies limiting - but not prohibiting - employees from wearing union insignia at work. Wal-Mart Stores, Inc., 368 NLRB No. 146...more
Adding to its recent spate of employer-friendly moves, the National Labor Relations Board (the “Board”) issued a precedent-shifting decision on December 17, 2019. Apogee Retail LLC, 368 NLRB No. 144 (2019). The 3-1 decision,...more
On December 16, the final day of lone Democrat Lauren McFerran’s term, the National Labor Relations Board (“NLRB” or the “Board”) overruled a recent, Obama-era decision that required an employer to comply with its union dues...more
Just before the holiday season, the National Labor Relations Board (“NLRB” or “Board”) provided employers with two big wins. First, on December 13, 2019, the NLRB announced its long awaited final rule to relax the Obama-era...more
12/16/2019
/ Administrative Law Judge (ALJ) ,
Ambush Election Rules ,
Browning-Ferris Industries of California Inc. ,
Corporate Counsel ,
Franchisee ,
Franchises ,
Joint Employers ,
McDonalds ,
Minimum Wage ,
NLRB ,
Settlement ,
Union Elections ,
Wage and Hour
Last week, on November 7 at the American Bar Association’s annual labor and employment law conference, the National Labor Relations Board (“NLRB”) provided a glimpse into its upcoming intentions when discussing a planned...more
The Ninth Circuit ruled on October 1, 2019, that McDonald’s cannot be held liable for wage and hour violations allegedly committed by a franchisee in California because McDonald’s did not exert sufficient control over the...more
The National Labor Relations Board (“NLRB”) continued its recent wave of significant decisions on September 10, 2019, when it adopted a new standard for analyzing whether an employer’s unilateral change to terms of employment...more