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Labor & Employment News Alert

Labor law

A Perfectly Clear Win for Successor Employers in Recent NLRB Decision

In a decision earlier this month, the National Labor Relations Board reversed precedent on successor employer bargaining obligations. In Ridgewood Health Care Center (367 NLRB No.110), the Board limited the circumstances in which a successor employer of a unionized workforce forfeits its right to set initial terms and conditions of employment for its employees.

At the outset, the Board agreed with…

Adkins and Hall to Present at 2019 Human Resources Conference

Two member of Jackson Kelly’s Labor and Employment Group, Wendy Adkins and Jill Hall, will both present at the WV Chamber’s 2019 Human Resources Conference to be held on Tuesday and Wednesday, April 9 and 10, 2019, at the Charleston Marriott Town Center, Charleston, WV.  Both will be giving presentations on Wednesday, April 10. Jill will be presenting "Conducting Pay Equity Audits" and Wendy's…

NLRB REVERSES COURSE ON “ENTREPRENEURIAL OPPORTUNITIES”

In a decision that will benefit companies that rely on independent contractors, particularly ride-share services, the National Labor Relations Board issued an opinion last week reverting to its pre-Obama-Era standard for determining whether a worker is an independent contractor or an employee for purposes of the National Labor Relations Act. 

 

The case, SuperShuttle DFW, Inc., 367 N.L.R.B. No. 75…

Reminder: Employees Can Discuss Salary and the Terms and Conditions of Employment With Each Other.

Even lawyers can get it wrong. The National Labor Relations Board (“NLRB”) recently reached a settlement agreement with the law firm Goldberg Segalla regarding allegations that the law firm forced employees to sign a “confidentiality agreement” that made discussing the terms and conditions of employment a terminable offense (Case No. 02-CA-220607).

The NLRB, though, barred the confidentiality…

There's still time to register for the Labor & Employment Seminar on January 25!

Learn about the latest changes in labor and employment law at the upcoming Labor & Employment Seminar on January 25, 2019 at the Tropicana Conference Center. Our topics focus on new trends in employment and labor law and include an outlook for the 2019 Indiana Legislative Session. Continuing Legal Education (CLE) credits are pending. Download the invitation here

 

An Early Look at Federal Labor and Employment Law Developments in 2019

Since we just turned the page on 2018, it is time to focus on what labor and employment law developments may be in store for employers in 2019.  This post highlights several labor and employment regulatory and case law developments that may come to fruition this year.

 

1. The U.S. Equal Employment Opportunity Commission (EEOC) is scheduled to release a new proposal in June regarding how employers…

The Latest Edition of the JK Defense Newsletter and an Upcoming Free Seminar

Learn about the latest changes in labor and employment law in the attached JK Defense Newsletter and an upcoming Labor & Employment Seminar on January 25, 2019 at the Tropicana Conference Center. Our topics focus on new trends in employment and labor law and include an outlook for the 2019 Indiana Legislative Session. Continuing Legal Education (CLE) credits are pending. Download the invitation …

One Court Declines to Find Retroactive Liability Against Public-Sector Unions in the Wake of Janus

This past summer saw a significant upheaval in the area of public-sector labor law with the United States Supreme Court ruling in Janus v. American Federation of State, County, and Municipal Employees, Council 31, which held that agency fees could not be automatically deducted from an employee’s pay unless that employee affirmatively consents to the payment. (You can read more on the Janus …

NLRB’s Proposed Rulemaking on the Joint Employer Standard

In September 2018, the National Labor Relations Board issued a proposed rule to establish a new standard for determining joint employer status under the National Labor Relations Act. Under the proposed rule, an employer may be considered a joint employer of another employer’s employees only if the two employers share or co-determine the employees’ essential terms and conditions of employment,…

Employment Handbook Rules Post-Boeing

On June 6, 2018, following the NLRB’s decision on The Boeing Company, 365 NLRB No. 154 (Dec. 14, 2017), NLRB General Counsel Peter Robb issued a Guidance Memorandum (18-04) on how NLRB Regional Offices should interpret workplace rules. Boeing’s new standard strikes a balance between an employers’ right to govern its workplace and an employees’ right to exercise their Section 7 rights. When…

 

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