NLRB Refuses to Set Aside Election Based on Failure to Provide Home Phone Numbers

Kollman & Saucier
Kollman & Saucier
12/21/2022
In a decision issued on the last day of Member Ring's term, the NLRB ruled that an employer's failure to provide the union with  home phone numbers for five employees did not warrant setting aside the employer's election victory.  In MVM, Inc., 372 NLRB No. 32, the Board held that omitting the numbers for only five of the 92 employees while providing cell phone numbers for all employees "substantially complied" with the voting list requirements...
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NLRB Expands Remedies Available for Unfair Labor Practice Charges

Kollman & Saucier
Kollman & Saucier
12/19/2022
On December 13, 2022, the National Labor Relations Board issued a decision  that will substantially expand the relief available to an employee who prevails in an unfair labor practice charge proceeding.  The Board's decision in Thrive, Inc., 372 NLRB No. 22, holds that the standard "make-whole" remedy for an employee harmed by an employer's unfair labor practice includes compensation for "all direct or foreseeable pecuniary harm" resulting from...
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Injured Workers’ Personal Injury Claims Not Precluded By Workers’ Compensation Statute

Kollman & Saucier
Kollman & Saucier
12/01/2022
The classification of workers as employees or independent contractors has a number of implications regarding liability for workplace related actions, including those under discrimination, wage and hour, tax, unemployment, and workers’ compensation laws.   The Fourth Circuit Court of Appeals recently addressed the issue in the context of state tort law claims brought by three individuals working for Eastman Chemical Co. in South Carolina. Zeigler...
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T-Mobile Violated Labor Law With Company Union

Kollman & Saucier
Kollman & Saucier
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

Kollman & Saucier
Kollman & Saucier
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

Kollman & Saucier
Kollman & Saucier
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

Kollman & Saucier
Kollman & Saucier
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

Kollman & Saucier
Kollman & Saucier
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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