Obama NLRB Overhauls “Joint Employer” Standard

Kollman & Saucier
Kollman & Saucier
09/01/2015
In a move less surprising for its outcome than the breadth of its likely effects, President Obama’s NLRB adopted, by a 3-2 vote, a new standard for joint employers in Browning-Ferris Industries. Case 32-RC-109684 (Aug. 27, 2015). The aftershocks of the Board’s decision, which overturned three decades of stable case law, may very well revamp the landscape of collective bargaining. Section 8(a)(5) of the National Labor Relations Act (NLRA)...
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Plaintiff Bears Burden of Maintaining Correct Address with EEOC

Kollman & Saucier
Kollman & Saucier
07/29/2015
An individual who files a charge of discrimination with the EEOC or similar state agency is required to provide the agency with his or her contact information, including a mailing address and phone number, so that the agency can notify him or her of any developments, including the outcome of the charge. Current regulations require the individual to notify the agency “of any change in address and . . . any prolonged absence from that current address...
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EEOC Rules Discrimination Based on Sexual Orientation Violates Title VII

Bernadette Hunton
Bernadette Hunton
07/23/2015
An employee alleges a claim for discrimination based on sexual orientation but sexual orientation isn’t mentioned under Title VII. Does the employee have a viable Title VII claim? According to the Equal Employment Opportunity Commission’s (EEOC) recent opinion in Complainant v. Foxx, E.E.O.C., Appeal No. 0120133080 (7/16/15), the answer is “Yes.” In the view of the EEOC, “allegations of discrimination on the basis of sexual orientation...
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New DOL Guidance Makes The Independent Contractor A Rare Breed Indeed

Randi Klein Hyatt
Randi Klein Hyatt
07/16/2015
On July 15, 2015, the Department of Labor (DOL), through its Wage and Hour Division, issued its first Administrator’s Interpretation (AI) of the year, and in more than a year (2015-1).  AI 2015-1 focuses on the always complex issue of independent contractor versus employee classification under the Fair Labor Standards Act (FLSA).  The DOL has not held back, at all.  This AI makes clear the DOL has little tolerance for the concept of independent...
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Obama Administration Seeks to More Than Double Salary Requirement for Overtime Exemption

Randi Klein Hyatt
Randi Klein Hyatt
07/02/2015
On June 30, 2015, the Obama Administration unveiled a long-anticipated proposed rule increasing the threshold amount required to be paid to certain salaried workers before they are exempt from receiving overtime. The current rule is that any salaried worker who earns below $455 a week or $23,660 per year (i.e., less than the poverty line for a family of four) must receive overtime. The proposed rule would more than double that to $50,440 (i.e. close...
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NLRB ISSUES COMPLAINT AGAINST HOSPITAL FOR SCHEDULING ITS OWN EMPLOYEES

Peter Saucier
Peter Saucier
06/05/2015
One thing about which unions and employers ordinarily agree is that it is the right and obligation of management to manage. Employers want to manage and unions want to retain the right to claim that the employer did not manage when it should have done so. That makes a recent decision by the NLRB to issue a complaint against a hospital interesting. Armstrong County Memorial Hospital, No. 6-CA-144586, complaint issued 5/27/15. In 2014, licensed...
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NLRB Strikes Down Employer's "No-Button" Rule

Randi Klein Hyatt
Randi Klein Hyatt
05/11/2015
Another day, another employer policy that violates employees’ Section 7 rights. In this case, Boch Imports, Inc. and International Association of Machinists & Aerospace Workers, case 01-CA-083551, the Board was asked to review an employer’s social media policy and prohibition against certain clothing and pins. Not surprisingly, the Board found these actions impermissibly restrained employees’ rights to discuss the terms and conditions of...
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DOL Announces Revised Overtime Regulations

Randi Klein Hyatt
Randi Klein Hyatt
05/06/2015
Secretary of Labor Thomas Perez reported on the Department’s blog yesterday that he has submitted a proposed revised rule to the Office of Management and Budget to address what President Obama believes are  deficiencies in federal laws governing overtime pay. Working off the assumption that overtime pay rules have eroded over the years and that a high number of salaried workers who should be getting overtime are not eligible for overtime pay, the...
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Supreme Court Rules That Courts May Review Whether The EEOC Has Satisfied Its Duty To Attempt Presuit Conciliation

Garrett Wozniak
Garrett Wozniak
04/30/2015
On April 29, 2015, the Supreme Court unanimously vacated a Seventh Circuit decision holding that courts cannot delve into whether the EEOC satisfied the conciliation requirement of Title VII. The EEOC has a legal duty to try settling cases first, but the question before the Court was how much a court could peer into those negotiations to ensure that the EEOC acted in good faith. Ruling against the agency, the Court gave employers a new, albeit...
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EEOC Issues Proposed Rule on Workplace Wellness Programs

Eric Paltell
Eric Paltell
04/17/2015
On April 16, 2015, the EEOC issued a Notice of Proposed Rulemaking ("NPRM") on how the ADA applies to employer wellness programs that are part of a group health plan.  The NPRM will be published in the Federal Register on April 20, 2015, and the public will have a 60 day period within which to file comments.  The EEOC may then revise the rule based on the comments before taking final action to implement it. Under Title I of the ADA, employers are...
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