The NLRB’s New ULP Investigation Procedures: How Will They Affect Your Cases?
On December 7, 2018, National Labor Relations Board (NLRB) General Counsel Peter Robb issued General Counsel Memorandum 19-02, Reducing Case Processing Time (GC 19-02). The memorandum describes significant changes to unfair labor practice (ULP) charge investigations conducted by the agency’s regional offices. These changes will affect virtually every charge handled by the agency.
NLRB Orders Hospital to Reinstate Former Employee Who Shared Staffing Concerns With Media
A recent decision by a National Labor Relations Board (NLRB) administrative law judge (ALJ) serves as a good reminder that even nonunion employees in healthcare settings are protected by Section 7 of the National Labor Relations Act (NLRA). On November 2, 2018, ALJ Paul Bogas held that a former nonunion employee of Maine Coast Memorial Hospital had engaged in protected activity when she sent a letter to a local newspaper.
PODCAST: Data Breach in Brief: Knowing the Risks and Protecting Your Company
Data breaches continue to be an unfortunate risk that companies face with increasing frequency. In this podcast, Rebecca Bennett, Stephen Riga, and Justin Tarka discuss data breaches from both a U.S. and EU perspective, including what constitutes a data breach, required notifications after a breach, legal consequences of a breach, and best practices for reducing legal risk.
GM, Amtrak Prepare for Closures and Layoffs Under WARN Act
General Motors announced in late November that it will be closing five North American plants and laying off 15% of its salaried employees. Amtrak also recently announced layoffs, saying that it would shut down its Riverside, California call center, displacing all 500 of the employees who work there. The planned layoffs trigger requirements under the federal Worker Adjustment and Retraining Notification (WARN) Act and similar state laws.
PTO For the Win: Why Businesses Should Make the Switch
Originally published by New York Law Journal – online November 2, 2018 and in print November 5, 2018. Companies of all shapes, sizes and industries all across the country have been deciding to ditch their traditional vacation and sick time policies in favor of an integrated Paid-Time-Off (PTO) system. Implementing a PTO system can have numerous advantages for employers and their businesses, saving you time, money and energy in managing your staff’s time off benefits. With the current trend moving away from traditional leave systems, now might be a good time to ask yourself: is PTO right for your business?
NLRB’S Proposed Joint Employer Rule: Comment Period Extended to December 13
The National Labor Relations Board (NLRB) has extended the comment period for its new proposed joint employer rule, giving the public until December 13 to weigh in. The joint employer standard under the National Labor Relations Act (NLRA) has been the bane of many employers’ existences since even before the NLRB decided Browning-Ferris in 2015. In recognition of the difficulty in overturning this case at the Board level, NLRB Chair Ring decided to use an end run and resolve the joint-employer issue through rule making. In September, the NLRB proposed a new joint employer rule which would make it harder to find joint employers, especially in temporary employee and franchisee-franchisor relationships.
Delaware Court Grapples With Enforcement of Choice of Law Provisions in Restrictive Covenant Agreements
When implementing restrictive covenant agreements in their workforces, companies often grapple with how best to handle the wide variation in the law from one state to the other. One solution is to include a choice of law provision that calls for all agreements to be construed under the laws of a single state.
New York Revises Employee Scheduling Proposal
The New York State Department of Labor (NYSDOL) has revised its proposal for expanding the state's show-up time / reporting time requirements, which the NYSDOL refers to as "call-in pay."
California Supreme Court Provides A Dose Of Helpful Medicine For Healthcare Employers
In an important decision for employers in the healthcare industry, the California Supreme Court just approved the Industrial Welfare Commission’s long-standing exemption for health care workers in relation to second meal period waivers. The Gerard v. Orange Coast Memorial Medical Center case, released earlier today, had already been the subject of another decision from the California Supreme Court, and the California legislature even passed legislation in the middle of the case directly affecting the court’s decisions—which means this decision was a long timing coming for the California healthcare community.
Suffolk County Set to Become the Fourth New York Jurisdiction to Ban Salary History Inquiries
Suffolk County, New York has passed a law making it unlawful for employers and employment agencies with four or more employees to inquire about a job applicant’s salary history or otherwise to rely on such information in setting a new employee’s compensation. Entitled A Local Law to Restrict Information Regarding Salary and Earnings (“RISE Act”), this new law is designed to “help break the cycle of wage discrimination and close the wage gap” for statistically underpaid individuals, such as women and racial and ethnic minorities. This is similar to measures that have already been enacted in New York City, Westchester County, and Albany County. It will go into effect on June 30, 2019.
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