T-Mobile Violated Labor Law With Company Union

Garrett Wozniak
Garrett Wozniak
11/28/2022
One way an employer may violate the National Labor Relations Act (NLRA) is to create a “company union.”  Under Section 8(a)(2) of the NLRA, it is an unfair labor practice for an employer “to dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it.”  A labor organization is “any organization of any kind, or any agency or employee representation committee or plan,...
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New Mandatory EEOC Poster Released

Randi Klein Hyatt
Randi Klein Hyatt
11/22/2022
The Equal Employment Opportunity Commission (EEOC) released a new "Know Your Rights" poster (dated October 20, 2022) that replaces its prior "EEO is the Law" poster.  Any employer with at least 15 employees are required to display this poster in the workplace. The new poster is two pages, with the first applying to all covered employers and the second detailing requirements for federal contractors and businesses receiving federal financial...
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Telework Requests Remain Tricky for Employers

Clifford Geiger
Clifford Geiger
11/17/2022
Often, an employee will present a doctor’s note recommending telework, or saying an employee may return to work remotely.  Suppose the employee’s job can be performed remotely.  Does the employer have to allow telework?  Or is the employer entitled to more information before deciding what to do?  In Owens v. Georgia, the U.S. Court of Appeals for the Eleventh Circuit recently explained what information a disabled employer must provide to her...
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House Passes The Speak Out Act

Clifford Geiger
Clifford Geiger
11/16/2022
On November 16, 2022, the House of Representatives passed a bill that will nullify some nondisclosure agreements (NDAs) signed by employees who assert claims of sexual harassment or assault. The bill, known as The Speak Out Act (S. 4524), passed the Senate unanimously in September. It will now head to President Biden for his signature. In the findings prefacing the bill, Congress wrote, “[n]ondisclosure and nondisparagement provisions in...
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Mind the Gap Please

Darrell VanDeusen
Darrell VanDeusen
11/10/2022
It’s that time of year when I update my FMLA/Wage and Hour treatise (available as a part of the  Lexis/Nexis Labor and Employment Law set).  I am still surprised by stuff I learn for the first time when I do this.  For example, I had never thought about something called “gap time.”  So, maybe it’s something new (and possibly of interest) to you as well. The FLSA requires employers to pay non-exempt employees both a minimum wage and...
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Yeah, Congress Knew Some Folks Felt That Way

Darrell VanDeusen
Darrell VanDeusen
11/08/2022
After nearly 38 years as an employment lawyer, there are some old saws of mine I pull out (rarely, thank goodness) when talking to clients.  For example, after discussing the underlying issues in a pesky employment matter, a member of management might say “why can’t we just fire this person…?”  My go-to response is “well, yes, Congress knew some people felt that way and that’s why they passed a law against it.” As most folks...
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Board Members Not "Employers" Under Virginia Wage Law

Eric Paltell
Eric Paltell
11/03/2022
 On October 13, 2022, the Supreme Court of Virginia held that a company's board members are not "employers" who can be held liable for unpaid wages under Virginia Code Section 40.1-29(j). Cornell, et. al. v. Benedict, et.al. (No. 210934). In so holding, the Court ruled that the statute's definition of employer is more narrow than that used in the Fair Labor Standards Act or the Virginia Minimum Wage Act.  The appellants worked as  therapists at...
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NLRB General Counsel Issues Guidance on Employer Use of Electronic Surveillance

Eric Paltell
Eric Paltell
10/31/2022
On October 31, 2022, the General Counsel to the National Labor Relations Board, Jennifer Abruzzo, issued a memorandum on the legality of an employer's use of electronic surveillance and algorithm-driven management.  In Memorandum GC 23-02, the General Counsel announced her intention to seek a new legal framework to analyze whether the use of such tools in the workplace violates the National Labor Relations Act.  Over the past decade, employers...
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Is Your Restaurant’s Hourly Pay and Tip Pool Practice Lawful?

Jordan Dunham
Jordan Dunham
10/28/2022
A common misconception in the food service industry is the thought that there is a “server’s minimum wage.”  To be clear, there is no server’s minimum wage.  There is the federal minimum wage, currently $7.25 per hour, set by the Fair Labor Standards Act (“FLSA”), and some states have a higher state minimum wage.  In Maryland, for example, the minimum wage as of January 2023 will be $13.25 per hour (through December 31, 2022, the...
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Running a Business? Having Someone to Call for Labor Advice is a Good Idea

Jordan Dunham
Jordan Dunham
10/24/2022
Things are really heating up between Apple, Inc. (“Apple”) and the Communication Workers of America, AFL-CIO (“CWA”).  The CWA has been campaigning at numerous Apple retail stores, attempting to gain a foothold in the sector.  Earlier this year, an Apple store in Towson, Maryland voted to unionize, becoming Apple’s first US unionized location.  That store’s employees are represented by the International Association of Machinists and...
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