Browning-Ferris Industries of California, Inc. took its first shot at convincing the U.S. Court of Appeals for the District of Columbia Circuit to reject the National Labor Relations Board’s new joint employer standard and vacate two decisions that obligate the company to bargain with the Teamsters as a joint employer of temporary employees assigned to its facility.
Articles Discussing General Labor Law Topics And The NLRA.
“Persuader Rule” IMPORTANT UPDATE
Executive Summary: Previously, we alerted our clients that the U.S. Department of Labor (DOL) issued the final version of its “persuader rule,” which requires employers, third-party lawyers and other labor consultants to disclose to the DOL any arrangement to persuade employees directly or indirectly concerning the right to organize or bargain collectively. The rule applies to all types of union avoidance advice and other related activities, such as responses to an actual union organizing campaign, certain activities associated with collective bargaining, or simply day-to-day preventive training and policy making done with an “object to persuade.”
Department of Labor Provides Limited Opportunity to Obtain Advice Without Triggering the New “Persuader Rule”
The Department of Labor’s recently-issued Final Rule, 81 Fed. Reg. 15924 (the “Persuader Rule”) imposes upon employers and their advisors (including lawyers and consultants), for the first time, the obligation to file public reports with the DOL disclosing any advice that “indirectly persuades” employees regarding union organizing or collective bargaining.1 Prior to the Persuader Rule, such reports were required only when an advisor made direct contact with the employer’s employees, regardless of the persuasive purpose of the advice. The published rule provides that it will become effective on April 25, 2016, and apply only to “persuader” arrangements and agreements, as well as payments (including reimbursed expenses) made on or after July 1, 2016.
Preventive Strategies Second Quarter 2016
A bulletin on employment, labor, benefits and immigration law for employers.
D.C. Circuit Rejects NLRB’s Award of Attorneys’ Fees and Expenses in Unfair Labor Practice Cases
The U.S. Court of Appeals for the D.C. Circuit recently rejected the National Labor Relations Board’s attempt to expand the remedies available under the National Labor Relations Act for unfair labor practices. Building on established precedent, the court in HTH Corporation v. National Labor Relations Board held that the Board lacked statutory authority to order an employer found to have committed unfair labor practices to pay the litigation expenses that either the General Counsel or the union incurred in the case.
Seventh Circuit Finds Class Action Waivers in Arbitration Agreements are Illegal and Unenforceable Under the NLRA
On May 26, 2016, the U.S. Court of Appeals for the Seventh Circuit issued its decision in Lewis v. Epic-Systems Corp., finding that the company’s arbitration agreement, which prohibits employees from participating in “any class, collective or representative proceeding,” violated the employees’ right to engage in concerted activity under the National Labor Relations Act (NLRA).
Labor Department: Changes to Interpretation of Advice Exemption Apply Only to Agreements, Arrangements Entered Into After July 1
The United States Department of Labor published its final rule relating to “persuader” activity under the Labor-Management Reporting and Disclosure Act on March 24, 2016.
Labor & Employment Issues Facing the Healthcare Industry
Public discourse on “healthcare” has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical and medical device companies, home care agencies—that make up the industry itself? As the healthcare landscape shifts, so do the risks and challenges healthcare industry employers face.
NLRB General Counsel Announces Wish-List Of “Hot-Button” Issues To Be Handled By His Office
The National Labor Relations Board’s General Counsel has assembled his latest wish-list of “hot-button” issues he hopes to present to the Board for decision when the right cases are presented to his office.
DOL Announces New Regulations on “Persuader” Activities
The U.S. Department of Labor has announced that its controversial new regulations on “persuader” activities will take effect on April 25, 2016. These regulations significantly alter the interpretation of the 57-year-old Labor Management Reporting and Disclosure Act (LMRDA) by redefining disclosure requirements and by narrowing the LMRDA’s exemption for “legitimate” attorney-client communications. Several organizations have already announced their intention to challenge the legality of this rule before it even takes effect.
Department of Labor Issues Long-Awaited “Persuader Activity” Final Rule
On March 24, 2016, the U.S. Department of Labor (DOL) issued a final rule, 81 Fed. Reg. 15924, that will require employers to file public reports with the DOL when they use consultants (including lawyers) to provide labor relations advice and services that have the purpose of persuading employees regarding union organizing or collective bargaining. The consultants will also be required to file similar reports containing the details of advice and services provided and the amount of payment received for that advice and service. Previously, those reports were required only when a consultant providing advice had direct contact with employees. Now the reports are going to be required whenever the advice provided has a persuasive purpose, unless a court blocks the new rule. These changes will impose significant new reporting requirements on employers and their consultants.
DOL’s Rule Redefining LMRDA ‘Advice Exception’ and Expanding Types of Activities Considered Persuasive, Reportable is Finalized – Effective Late April 2016
The United States Department of Labor has announced that it will publish its final rule relating to “persuader” activity under the Labor-Management Reporting and Disclosure Act (LMRDA) on March 24, 2016, almost five years after first proposing it. The rule (which was opposed by the American Bar Association, Association of Corporate Counsel, the Attorneys General of many states, most employers and many key trade associations, among others) is briefly summarized below.
Labor Department Unveils Final “Persuader Rule”
Executive Summary: On March 23, 2016, the U.S. Department of Labor (DOL) issued the final version of its “persuader rule,” which requires employers, third-party lawyers and other labor consultants to disclose to the DOL any arrangement to persuade employees directly or indirectly concerning the right to organize or bargain collectively. These reports must be filed electronically and, once filed, become publicly available records.
Preventive Strategies First Quarter 2016
A bulletin on employment, labor, benefits and immigration law for employers.
NLRB Continues Attack on Class and Collective Action Waivers
There seems to be no end in sight to the standoff between the National Labor Relations Board and at least a majority of the federal courts over the legality of arbitration agreements that require employees to waive the right to lead or participate in class or collective actions.