The National Labor Relations Board (the “Board”) recently issued a decision in UPMC Presbyterian Shadyside that reverses longstanding Board precedent and holds that employers no longer have to allow nonemployee union representatives access to public areas of their property unless (1) the union has no other means of communicating with employees or (2) the employer … Continue Reading
On March 22, the Department of Labor (“DOL”) published a new proposed rule that would make several changes to current overtime law. The proposed rule, which is not yet in effect, would require that: Employees make at least $679 per week ($35,308 annually) to potentially be exempt from overtime. (The current requirement, which has been … Continue Reading
A new enforcement policy from the Occupational Safety and Health Administration (“OSHA”) states employers may face citations for subjecting their employees to hazardous air contaminants even if the levels are below or not covered by a permissible exposure limit. This new enforcement policy comes from OSHA’s recent memorandum released to the public on December 7, … Continue Reading
The 2017 Oregon legislature passed a “secure scheduling” or “fair work week” law that imposes significant requirements on certain categories of large employers. The law, available here, goes into effect July 1, 2018. We previously blogged about the law here. Are You a Covered Employer? The law applies to retail, hospitality, and food services employers … Continue Reading
In a significant win for employers, the United States Supreme Court has issued a landmark decision upholding the use of class action waivers in employment arbitration agreements. This ruling permits employers across the country to enforce individual arbitration agreements with employees, even where the agreement requires an employee to pursue legal claims on an individualized, … Continue Reading
It might appear that in some years, the National Labor Relations Board (the Board) issues a series of decisions just as the year comes to a close, but it is not because the Board wants to give out holiday presents (or, from the employer’s perspective for the past several years, multiple lumps of coal). Rather, … Continue Reading
Employers can breathe a sigh of relief. The Office of Management and Budget (“OMB”) announced this week that it was removing a requirement that EEO-1 reports contain employee pay data. The now-defunct Obama-era requirement announced in 2016 would have required employers to disclose compensation information to the EEOC regarding all employees, including executives – which … Continue Reading
Employers know that the salary rule for “white collar” exemptions from President Obama’s Department of Labor (“DOL”) was blocked by a federal court last year (we blogged about that here). (UPDATE: A Texas federal court invalided the rule on August 31, 2017.) That rule would have more than doubled the salary requirement for an overtime … Continue Reading
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
Oregon manufacturing employers have been following the ongoing turmoil surrounding the Oregon Bureau of Labor and Industries’ (“BOLI”) recent interpretation of Oregon’s requirement that manufacturing employees receive overtime when they work more than 10 hours in a day. In the latest turn, a Multnomah County Circuit Court judge ruled yesterday that, contrary to BOLI’s advice, … Continue Reading
Employers are probably aware that OSHA’s new drug testing and anti-retaliation rule is now in effect. (See our post here discussing the rule.) However, as we blogged previously, many states have their own reporting requirements, which are not required to track OSHA’s rules precisely, but which must be “at least as effective” as OSHA’s rules. … Continue Reading
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
The Department of Labor’s new rule that doubles the salary threshold for “white collar” exempt employees goes into effect December 1, 2016. Under that rule, employees currently exempt under the FLSA as an administrative, executive, or professional employee must make a salary of at least $47,476 and meet the appropriate “duties test” in order to remain exempt … Continue Reading
The Oregon Bureau of Labor and Industries (“BOLI”) recently issued new draft rules interpreting and explaining Oregon’s sick time law. The draft rules, which are currently open for public comment, are available here and summarized below. In some respects, the draft rules merely reiterate concepts that are already addressed in the statute itself but were not … Continue Reading
The NLRB recently reversed course again to allow temporary employees provided by a staffing agency to join regular employees in a single bargaining unit without the consent of the employer or the staffing agency. Miller & Anderson, Inc., 364 NLRB No. 39 (2016). The Board Flip Flops Historically, unions seeking to organize employees directly employed … Continue Reading
As previously reported, OSHA’s latest revisions for covered employers will dramatically impact routine post-accident drug testing programs. The new rules are available for review here, but here’s what you need to know: OSHA Postponed Enforcement. OSHA just delayed the date on which it will begin enforcing these new requirements. OSHA’s memo postponing enforcement is available … Continue Reading
Employers that promote workplace safety by ensuring workers are not under the influence of drugs or alcohol after they suffer a workplace injury will soon face greater scrutiny from the Occupational Safety and Health Administration (“OSHA”). A new OSHA rule that goes into effect August 10, 2016 casts serious doubt on whether employers can lawfully … Continue Reading
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
Employers with 100 or more employees take note: a major new reporting requirement may be coming your way next year. On January 29, 2016, President Obama announced that beginning in September 2017, employers with 100 or more employees must report the earnings and hours worked for all of their employees. That’s right. Employers must disclose … Continue Reading
A number of recent legal changes will have a notable impact on employee benefits law both now and in the future. Some of the most significant of those changes are the U.S. Supreme Court’s same-sex marriage decision in Obergefell v. Hodges, and the expansion of Title VII’s discrimination protections to lesbian, gay, bisexual, and transgender … Continue Reading
The Bipartisan Budget Act of 2015, signed by President Obama on November 2nd, contains a buried provision with the potential to substantially impact employers. Section 701 of the Act significantly increases the maximum civil penalties that may be imposed for violations of the Occupational Safety and Health Act. OSHA penalties — which have not changed … Continue Reading
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
According to government studies, last year women overall made approximately 77 cents to the dollar in compensation compared to men. Black women made 64 cents to the dollar. Hispanic women made even less—55 cents to the dollar. Most pay disparity isn’t due to base salaries; it’s due to other forms of compensation such as bonuses, … Continue Reading
By Terry Briscoe and Ed Piper on Posted in Labor,NLRB
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
