Category: Labor

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Breaking News: Oregon Legislature Passes Employee Scheduling Bill

Oregon is poised to become the first state to enact a “secure scheduling” or “fair work week” law that will impose significant new employee scheduling requirements on certain categories of large employers.  Senate Bill 828, which will set new scheduling standards for employers with 500 or more employees worldwide in the retail, hospitality, or food … Continue Reading

OSHA Rescinds Rule on Union Reps Participating in Safety Walk-Throughs

The federal Occupational Safety and Health Administration (“OSHA”) announced late last week that it was rescinding its 2013 “Fairfax” memorandum, which allowed union representatives to participate in workplace safety walk-throughs. Here is the background. Soon after the Occupational Health and Safety Act (“the Act”) passed in 1970, OSHA interpreted the law to allow employees to accompany … Continue Reading

California Supreme Court Prohibits Employers from Implementing “On-Call” Rest Breaks

In Jennifer Augustus v. ABM Security Services, Inc., the California Supreme Court determined that employers are prohibited from implementing “on-call” rest breaks.  This holding led the Supreme Court to reinstate an approximately $90 million judgment against the defendant employer. The plaintiff in Augustus worked as a security guard for defendant.  Plaintiff’s lawsuit alleged that defendant’s … Continue Reading

Breaking News: DOL Salary Rule Blocked By Federal Judge

The Department of Labor’s controversial rule that required “white collar” employees to be paid at least $47,476 per year in order to be exempt from the Fair Labor Standards Act will NOT go into effect on December 1, 2016 as planned.  A Texas federal judge on Tuesday agreed with 21 states that a nationwide preliminary … Continue Reading

Labor & Employment Law Under President-Elect Trump

In the wake of the election results, the question on everyone’s mind now is: What impact will President-Elect Trump have on employers?  Trump has thus far given few details on his thoughts on labor and employment.  But with Republicans maintaining control of Congress, employers could see a lot of changes in the next couple of … Continue Reading

Expanding Overtime to Farmworkers: Will California Start a Trend?

On September 12, 2016, California Governor Jerry Brown signed AB 1066.  The bill, which is the first of its kind in the nation, will entitle California farmworkers to the same overtime pay as most other hourly workers in California. California law defines employees “employed in an agricultural occupation” broadly to include any employment relating to … Continue Reading

DOL Imposes New Exempt Salary Requirement on Employers

We knew it was coming, and – while business groups fought hard against it – the much-anticipated Department of Labor Final Rule regarding “white collar” exemptions from minimum wage and overtime requirements is now a reality. The rule, announced by the White House on Twitter last evening, imposes a major increase in the salary threshold … Continue Reading

U.S. Supreme Court rejects challenge to Seattle minimum wage law

On May 2, 2016, The U.S. Supreme Court declined to hear the legal challenge to the Seattle Minimum Wage Ordinance’s impact on Seattle franchisees (IFA v. Seattle–denial of cert).  We have blogged about Seattle’s Minimum Wage Ordinance (“Ordinance”) before. The Ordinance requires large businesses, defined as those with more than 500 employees, to raise the minimum … Continue Reading

What Tom Brady, Underinflated Footballs, and “Deflategate” Teach Employers About Arbitration

Fans of unscrupulous professional football players and coaches often justify their heroes’ misbehavior with a now-classic sports adage: “If you ain’t cheatin’, you ain’t tryin’.”  In the 1970s, for example, legendary Oakland Raiders owner Al Davis allegedly bugged locker rooms, watered down fields, and spied on other teams using a helicopter.  Such extreme shenanigans are … Continue Reading

The Third Shoe Drops: The Department of Labor Issues Revised “Advice” Regulations

As we’ve previously blogged, for several years the Obama Administration has been on a calculated campaign to increase unionization in America. Federal agencies, particularly that National Labor Relations Board, have been systematically changing longstanding rules to make it more likely that unions can prevail in election representation campaigns.  We previously blogged about two earlier key … Continue Reading

SHRM Quotes Adam Belzberg and Wes Miliband on the Effects of Drought on California’s Agricultural Labor Market

Stoel Rives labor and employment attorney Adam Belzberg and water resources attorney Wes Miliband were quoted in a Society for Human Resources Management (SHRM) article titled “California Drought Has Wide-Ranging Effects in Business Community.” The article examines the effects of California’s long-lasting drought on the state’s job market, specifically on the agricultural and food manufacturing sectors. … Continue Reading

What Employers Can and Cannot Say During a Union Organizing Campaign

Employers probably are aware of the “quickie” election rules implemented earlier this year by the National Labor Relations Board (“the Board”), but they may not have considered all of the rules’ consequences. With as little as 15 to 20 days to respond to an organizing drive, employers must be prepared to educate employees about the … Continue Reading

Northwestern University Football Players Can’t Vote for Union Representation …but it’s not over until it’s over…

Depending on your allegiance, “the Play” was one of either the most memorable or the most infamous moments in the history of college football. It happened in the final seconds of 1982’s annual “Big Game” between the Stanford Cardinal and U.C. Berkeley’s Golden Bears. As the fourth quarter was winding down, the Bears had taken … Continue Reading

It’s Coming: Overtime Pay for More Workers

Coming to a store or restaurant near you soon!  Supervisors will get overtime! “Too many Americans are working long days for less pay than they deserve.” —President Obama on overtime pay http://t.co/Y4yThJ1K2g — Barack Obama (@BarackObama) June 30, 2015 To be exempt from minimum wage and overtime requirements, currently a worker must perform certain duties … Continue Reading

Are You Ready to be Ambushed? NLRB’s New “Quickie Election” Rules Become Effective

As we have previously reported here and here, the National Labor Relations Board’s (“NLRB”) new rules governing union representation elections go into effect today, April 14, 2015. Congress passed a resolution disapproving the new “quickie” or “ambush” rules, but President Obama vetoed it. While lawsuits have been filed in Texas and the District of Columbia … Continue Reading

NLRB Says “Mere Maintenance” of Employee Handbook Rules May Violate the NLRA

In recent years the National Labor Relations Board (NLRB) has aggressively sought to emphasize that its reach extends beyond solely unionized workforces.  On March 18, 2015, NLRB General Counsel Richard Griffin released a 30-page report that provides labor lawyers and HR professionals guidance on what the General Counsel contends is – and is not – … Continue Reading

NLRB Final Rule: “Quickie” Elections are Now Reality

As anticipated, on December 12, 2014 the NLRB announced that the final “Quickie” Election Rule will be published in the Federal Register on December 15, 2014 and will take effect on April 14, 2015. Among other changes, the rule will shorten the time between the filing of a petition and the election for union representation … Continue Reading

NLRB Reverses Sodexo Off Duty Access Decision – a Crack in the Door After Noel Canning…Or Not?

Employers often maintain policies prohibiting off-duty employees from accessing their facilities.  The NLRB has maintained its “Tri-County Medical” rule for nearly 40 years:  an employer’s rule barring off-duty employee access to a facility is valid only if it (1) limits access solely to the interior of the facility, (2) is clearly disseminated to all employees, … Continue Reading

NLRB Attempts to Make an End Run Around Courts Invalidating its Rulings on Arbitration Agreements

On October 28, 2014, the National Labor Relations Board (“NLRB”) issued its decision in Murphy Oil USA Inc., once again attempting to prohibit employers from requiring employees to enter into agreements to arbitrate employment disputes if those agreements preclude collective or class action litigation. As we have blogged about in the past, this new decision … Continue Reading

Facebook “Like” Button – Protected Activity? It Depends on What You “Like”!

In an ever expanding arc of decisions that extends the NLRA’s protections to a wide range of employee conduct – both on-and off-duty, and in union and non-union settings alike – the NLRB last week decided that merely clicking on Facebook’s “Like” Button was concerted, protected activity. Triple Play Sports Bar, 361 NLRB No. 31 (August 22, … Continue Reading

President Obama Signs Executive Order Banning LGBT Job Discrimination by Federal Contractors and Government

What the Executive Order Does: This Executive Order amends two earlier executive orders: it amends Executive Order 11246, which prohibits discrimination by federal contractors to add sexual orientation and gender identity to the existing prohibitions of race, color, religion, national origin, age and sex discrimination. In addition, Executive Order 11478, which, as amended, bars discrimination … Continue Reading

College Football Players Are Employees? Who’s Next?

The NLRB’s Regional Director in Chicago issued a decision on March 26 in 13-RC-121359 finding the football players at Northwestern University are employees under the NLRA, over the objections of the University. The Regional Director rejected the University’s arguments that the players, who receive “grant-in-aid scholarships” from the University, are more akin to graduate students, held … Continue Reading

NLRB Re-Issues Controversial “Quickie” Union Election Rule

On February 5, 2014, the National Labor Relations Board ("NLRB") re-issued its controversial “quickie” election rule.  As you may recall, that rule, which was opposed by employer groups, the U.S. Chamber of Commerce and others, was invalidated by the D.C. District Court in May 2012.  The reissued "quickie" election rule would substantially shorten the time between the filing of a petition … Continue Reading
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