Employers need to be mindful about policies prohibiting employees from recording or videotaping in the workplace, as such rules, if not drafted carefully, may run afoul of the National Labor Relations Act (the Act). This...more
Most collective bargaining agreements contain “management rights” provisions that many employers, unsurprisingly, believe grant them the right to manage their businesses without union interference. The National Labor...more
Many organizations use temporary employment services to provide or supplement their workforce. Such arrangements allow an organization to focus on its core strengths and activities while maintaining access to workers as...more
7/19/2016
/ Bargaining Units ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Community of Interest ,
Corporate Counsel ,
Employer Liability Issues ,
Joint Employers ,
NLRB ,
Staffing Agencies ,
Temporary Employees ,
Unions
With private sector union representation at historic lows – just 6.7% of the workforce – many employers have given little thought to how they would respond to a union organizing petition. However, two legal developments, one...more
The scenario is familiar to most employers that manage employees covered by a collective bargaining agreement: a union challenges the termination of a bargaining unit member, and the parties face an uncertain outcome before...more
Reversing a decision celebrated by employers in the home care industry, the U.S. Court of Appeals has ruled that home health care agencies must comply with the U.S. Department of Labor’s (“DOL”) 2013 domestic service...more
9/3/2015
/ Appeals ,
Companionship Exemptions ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Home Health Agencies ,
Home Healthcare Workers ,
Minimum Wage ,
Over-Time ,
Recordkeeping Requirements ,
Third-Party Service Provider ,
Wage and Hour
The National Labor Relations Board (“NLRB”) on August 27, 2015, issued a sweeping decision that overturned decades of precedent and created a new standard for determining when two (or more) entities are “joint employers” for...more
9/1/2015
/ Collective Bargaining ,
Employer Liability Issues ,
Franchise Agreements ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Master Service Agreement ,
NLRA ,
NLRB ,
Staffing Agencies ,
Subcontractors ,
Supervision ,
Terms and Conditions ,
Wages