Last month, as we reported, the Department of Labor (DOL) issued a Final Rule on the proper interpretation of joint employers within the meaning of the Fair Labor Standards Act (FLSA). Now, the National Labor Relations Board (NLRB) has followed suit and today announced its Final Rule on Joint Employer Status Under the National Labor Relations Act (NLRA). The NLRB has removed itself from the liberal interpretation it has afforded the...read more
As a follow up to my earlier blog on how rude an employee can be to his or her employer while engaging in activity protected by the National Labor Relations Act (“NLRA”), the EEOC has filed an Amicus Brief in a matter before the NLRB chiming in on the subject. The NLRB had invited interested parties to file briefs as the Board reconsiders “standards for determining whether profane outbursts and offensive statements of a racial or sexual...read more
Two cases decided this month demonstrate how an employer’s false or inaccurate statements can bolster employees' claims that their employer engaged in unlawful discrimination. Sykes v. Fed Ex Freight East, No. 2:17-cv-13189 (E.D. Mich. 8/3/19) In this case, a supervisor’s misrepresentation or misapplication of a workplace policy led the district court to decide that the employer arguably discriminated against an employee because of his...read more
Under the National Labor Relations Act (NLRA), employees have the right to discuss their wages with colleagues. The NLRA does not give employees who surreptitiously access wage data the right to discuss that information with colleagues, however. In an advice memorandum released July 16, the National Labor Relations Board’s Office of the General Counsel provides a reminder that employees who cross the line by improperly obtaining wage...read more
Note: This is a story about an employment issue at the NLRB. Apropos of nothing perhaps, the NLRB has been open throughout the Government Shutdown, while the EEOC has been closed. We all misplace stuff, right? I found my car keys right where I left them. And my glasses were right on my forehead, which my wife pointed out to me. But, in 34 years of law practice, I have never misplaced (read “lost”) confidential documents. I do recall...read more
Happy 2019 to everyone! First, we begin the year with some good news: Kollman & Saucier is pleased to announce that it has been named a Tier 1 firm in Baltimore for both Employment Law – Management and Labor Law – Management by U.S. News – Best Lawyers® in 2019. As Best Lawyers explains, its ratings are based exclusively on peer review by other attorneys within the same geographical community and legal practice areas. Darrell...read more
The National Labor Relations Board, we are told, is supposed to be the neutral government agency that addresses workplace issues between unions and employers. And I saw a pink unicorn on the way to work this morning. It is not unusual to hear employers sometimes suggest they are skeptical of the Board’s supposed “neutral” stance. A number of decisions coming from the NLRB during the Obama presidency could be characterized as...read more
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