Labor Law Archives - Page 10 of 17 - Kollman & Saucier P.A.

Court Strikes Down DOL's New Persuader Rule

Kollman & Saucier

06/30/2016

On June 27, 2016, in National Federation of Independent Business et al. v. Perez, et al., the U.S. District Court for the Northern District of Texas (Lubbock Division) issued a nationwide injunction preventing the U.S. Department of Labor (DOL) from implementing its revised "Persuader Rule," which had been set to take effect on July 1, 2016. The Court found that NFIB and other plaintiffs established a substantial likelihood of success on...

Kollman & Saucier

06/02/2016

Arbitration, Class Actions, Labor Law

In a surprising decision for atypically business-friendly appellate court, the United States Court of Appeals for the Seventh Circuit has sided with the National Labor Relations Board’s position that a mandatory agreement requiring employees to waive the right to bring a class or collective action in arbitration violates the National Labor Relations Act (NLRA). Lewis v. Epic Systems Corporation, No. 15-2997 (7th Cir. May 26, 2016). Epic...

Clifford Geiger

04/16/2016

Labor Law

In William Beaumont Hospital, 363 N.L.R.B. No. 162, 4/13/16, the National Labor Relations Board (NLRB) recently examined William Beaumont Hospital’s “Code of Conduct for Surgical Services and Perianesthesia.” The Code read, in relevant part: It is the intention of Beaumont Hospitals to foster effective working relationships among all hospital employees and physicians in order to provide and maintain high quality and safe patient care....

Kollman & Saucier

04/01/2016

Labor Law

Many employers use severance agreements as a tool to reduce legal exposure surrounding an employee separation. Such agreements typically involve a broad release of claims by the employee in exchange for severance from the employer. Employers also generally include terms to clarify post-separation obligations and ensure that once the employee and employer part ways, they will not meet again. Unfortunately, a recent decision by an NLRB judge...

Kollman & Saucier

03/29/2016

Labor Law

Sick of having to find coverage when ill, Jimmy John’s employees who took their message public soon found themselves on permanent leave. In this 2-1 decision, the Eighth Circuit backed a National Labor Relations Board (“Board”) ruling that a franchisee unlawfully discharged employees for publicizing information suggesting the company’s sick leave policy posed food safety risks to consumers. MikLin Enterprises, Inc. v. NLRB, No. 14-3099 (8th...

Kollman & Saucier

03/24/2016

Agency Activity, Labor Law, Union Activity

On March 23, 2016, the Department of Labor revealed its long-time coming final rule that requires certain disclosures now be made for outside labor relations consultants who assist employers during union organizing activity or collective bargaining, and which are no longer protected under the "advice" exemption under the disclosure obligations. The reporting requirements under Labor-Management Reporting and Disclosure Act will now include any third...

Kollman & Saucier

03/07/2016

Labor Law

Hands off the remote. Last Thursday, the National Labor Relations Board (NLRB) took control, ruling that Dish Network must revise its solicitation policy to allow workers to engage in concerted activity in work areas during non-work times. Dish Network, LLC, Case 27-CA-131084 (March 3, 2016). The NLRB affirmed an administrative law judge’s ruling that Dish Network’s policy seemed likely to suppress workers’ protected activities. The charging...

Kollman & Saucier

02/19/2016

Labor Law, State Law

"Right to Work" laws prohibit an employer from requiring workers to pay union dues as a condition of employment. While many view these laws as something which allows employees to freely choose whether they wish to be a dues-paying union member, organized labor considers them to be an anathema. In a right to work state, employees can be "free riders," meaning they can be covered by a collective bargaining agreement, but not required to pay for the...

Kollman & Saucier

02/15/2016

Labor Law, Public Sector Employment Law, Supreme Court Decisions

In addition to being the final arbiter of cases raising questions of federal law, the United States Supreme Court is sometimes asked to stay the scheduled execution of death row inmates. With the unexpected passing of Justice Antonin Scalia on February 13th, the Court may have granted a stay of of execution to labor unions representing government employees. On January 11, 2016, the Supreme Court heard oral arguments in Friedrichs v. California...

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Court Strikes Down DOL's New Persuader Rule

Seventh Circuit Sides with NLRB on Arbitration Agreements, Creates Circuit Split

NLRB Strikes Down Yet Another Employee Misconduct Rule

We Only Part to Meet Again: NLRB Judge Finds Routine Separation Agreement Terms Violate the NLRA

8th Circuit Finds Employees’ Sick Ad Campaign is Protected Activity Under the NLRA

The Final Persuader Rule Is Here, For Now.

Employers Can’t Press Mute on Employee Solicitations at Work, NLRB Says

West Virginia Becomes the 26th Right to Work State

Public Sector Unions Will Live to Fight Another Day

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Category: Labor Law

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