Category Archives: Labor

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Court Stays DOL Overtime Rule, Holds Increased Salary Test Impermissibly ‘Supplants’ Duties Tests

The proposed overtime rules will not go into effect on Dec. 1. In a closely-watched case brought by 21 states (and joined by numerous business organizations) challenging the Department of Labor’s (DOL) rule amendment which would have roughly doubled the minimum salary threshold for many employees to be considered exempt from federal overtime requirements (set … Continue Reading

Greenberg Traurig Webinar: Labor & Employment Law and the New Administration – Looking Ahead

Greenberg Traurig will provide an informative webinar to discuss what employers should expect in 2017 regarding labor and employment legislation and litigation under the new administration.  Our panel will focus on anticipated revisions and potential hot button issues in the employment arena, and what employers of all sizes can do to prepare.  To learn more … Continue Reading

Not Everything the California Legislature Enacts is Bad for All Employers All the Time

The title should not be read to suggest some tectonic shift in the moods and values of the California Legislature or the Governor; far from it.  However, every once in a while something a bit useful does emerge. This time it is some certainty in executive level employment contracts.  AB 1241 adds yet another section … Continue Reading

National Labor Relations Board Extends Reach of Browning-Ferris Joint Employment

On July 11, 2016, the National Labor Relations Board extended the reach of its ground-breaking 2015 Browning-Ferris decision, which announced an expansive view of “joint employment,” and ruled that “employer consent is not necessary” to require multiple employers to jointly bargain with “units that combine jointly employed and solely employed employees of a single user … Continue Reading

Get Ready for Even Quicker ‘Quickie’ Elections—NLRB Abandons Requirement for Signed Authorization Cards

As we’ve previously reported, on April 14, 2015, the National Labor Relations Board (NLRB or Board) implemented new union election rules (Election Rules), which made significant changes to the Board’s procedures for processing election petitions, holding hearings, and conducting secret-ballot elections. Most significantly, the Election Rules paved the way for union elections to be held … Continue Reading

Massachusetts Earned Sick Time Law Becomes Effective July 1, 2015

The Massachusetts Earned Sick Time Law (Mass. Gen. Laws ch. 149, § 148C), approved by a statewide ballot question last fall, goes into effect July 1, 2015. As of July 1, 2015, all employers must comply with the statute. Applicable regulations promulgated by the Massachusetts Attorney General have also been issued. Importantly, all employers operating … Continue Reading

Court Upholds NLRB’s ‘Quickie’ Election Rules

As we previously reported, on April 15, 2015, the National Labor Relations Board implemented new union election rules (Election Rules) that made sweeping changes to the Board’s proceedings for processing election petitions, holding hearings, and conducting secret-ballot elections. At the time the Election Rules took effect, legal challenges to the Election Rules were pending in … Continue Reading

NLRB Adopts New Election Rules

Written by Howard L. Mocerf This week the National Labor Relations Board adopted new union election rules by a 3-2 vote. Characterized by dissenting Board members as “The Mount Everest of Regulations,” the new rules will result in quicker elections and trap unwary employers. The author of this GT Alert outlines the new rules, which … Continue Reading

2013 California Employment Law Legislative Update: Things You Need to Know for 2014

The GT Alert — 2013 California Employment Law Legislative Update: Things You Need to Know for 2014 was prepared by James M. Nelson, Angela Diesch and Jennifer Holly. This Alert discusses how California’s legislative changes will affect management of employment in California for 2014 and beyond. The authors offer insight on the more significant employment-related … Continue Reading

DOL Publishes Final Rule Eliminating Exemption to FLSA’s Minimum Wage and Overtime Provisions for Home-Healthcare Workers

This Alert discusses the U.S. Department of Labor (DOL) Wage and Hour Division’s recently published final rule, which significantly changes the scope of the Fair Labor Standards Act’s (FLSA) “companionship exemption.”  Set to become effective January 1, 2015, the final rule most notably eliminates the exemption’s application to direct care workers employed by third-party agencies.  … Continue Reading

Senate Confirms Five Members to NLRB

Yesterday, the Senate voted to confirm five Members to the NLRB, marking the first time in a decade that the Board has consisted of five Senate-confirmed Members. In addition to current NLRB Chairman Mark Pearce, the new Board consists of two Democrats, Nancy Schiffer and Kent Hirozawa; and two Republicans, Harry Johnson III and Philip … Continue Reading

The Woolworths’ Case: A Significant Extension of the Employer’s Obligation to Consult Collectively?

Background Section 188(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRCA“) states that where an employer is proposing to dismiss as redundant 20 or more employees at one establishment within a period of 90 days or less, the employer shall consult appropriate representatives of any of the employees who may be affected by the … Continue Reading

Interns – Pay Now, or Pay Later

Unpaid summer internships have seemingly always provided mutual benefit to both employers and interns.  Interns have the opportunity to gain experience, build relationships, and learn about a particular career or industry in a “real world” setting, and employers gain support, albeit unskilled, from an enthusiastic worker. However, the legality of the internship relationship is subject … Continue Reading

Should Employers Have Employee Handbooks?

Employee handbooks can be a great resource for both employees and employers. A handbook is essentially a compilation of workplace rules and is an excellent way to communicate work polices to employees. Handbooks come in all shapes and sizes, but on the whole contain certain common elements such as information about the company, general workplace … Continue Reading

Federal court strikes down NLRB’s new election rules

In a decision issued a few minutes ago, the United States District Court for the District of Columbia struck down the NLRB’s new election rules because the Board lacked a quorum when it attempted to adopt the final rule. On December 16, 2011, Chairman Pearce and then-Member Becker voted to approve the final version of the … Continue Reading

NLRB moving toward offsite union elections?

The majority of NLRB elections are conducted on the employer’s premises. This practice has historically applied to both the initial election and any subsequent rerun elections.  However, in a recent decision, 2 Sisters Food Group, Inc., the NLRB suggested that it may be appropriate to conduct rerun elections offsite in certain circumstances. Today, the NLRB’s … Continue Reading

South Carolina Court strikes down NLRB notice-posting rule

We’ve been following the NLRB’s notice-posting rule, which would require nearly all private-sector employers to post a Notice of Employee Rights as of April 30, 2012. As we reported, on March 2 the United States District Court for the District of Columbia upheld the Board’ authority to require the posting of the notice, while striking … Continue Reading

Court upholds NLRB’s notice-posting rule but strikes down punitive provisions

We’ve been following the legal challenges to the NLRB’s notice-posting rule, which would require virtually all private-sector employers to post a notice informing employees of their right to join a union, among other rights under the National Labor Relations Act. Today, the United States District Court for the District of Columbia issued its decision in … Continue Reading
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