On Wednesday, the U.S. Department of Labor finalized its much anticipated “persuader” rule. This rule requires employers and legal consultants to report any attempt or arrangement to persuade employees, either directly or indirectly, regarding the right to organize or bargain collectively. At this point, the final rule will take effect on July 1, 2016. We […]
On March 14, 2016, the Department of Labor (DOL) sent the Office of Management and Budget (OMB) its revisions on the proposed overtime rule that purports to change which workers are eligible for overtime pay. The proposed rule was released for public comment on June 30, 2015, resulting in over 250,000 comments, about three times […]
January 13, 2016 We hope that you had a wonderful holiday season and a great start to 2016—we wish you continued health and prosperity throughout the year. A part of future prosperity is being prepared for what lies ahead. The Paterra Law Firm is here to help you navigate the tricky waters of employment law […]
The U.S. Office of Federal Contract Compliance Programs issued its Final Rule implementing Executive Order 13665, which prohibits federal contractors from discriminating against employees and applicants who ask about or discuss compensation. The regulations are effective January 11, 2016. https://www.whitehouse.gov/the-press-office/2014/04/08/executive-order-non-retaliation-disclosure-compensation-information
Effective immediately, the General Counsel for the National Labor Relations Board (“NLRB”) has implemented a procedure permitting unions to obtain and file electronic signatures as part of their so-called “showing of interest” supporting a representation petition. The procedure significantly enhances a union’s ability to obtain from employees they are attempting to organize an objective demonstration […]
In a recent Fourth Circuit opinion, Butler v. Drive Automotive Industries of America, Inc., No. 14-1348, 2015 WL 4269615 (4th Cir. 2015), the Court found that two parties/companies can be considered joint employers under Title VII. In reaching its conclusion, the Fourth Circuit adopted a new employee-friendly “test” to determine whether a company qualifies as […]
From the NLRB Press Release: In a 3-2 decision involving Browning-Ferris Industries of California, the National Labor Relations Board refined its standard for determining joint-employer status. The revised standard is designed “to better effectuate the purposes of the Act in the current economic landscape.” With more than 2.87 million of the nation’s workers employed through […]
By a unanimous decision, the NLRB has declined jurisdiction in the Northwestern University football team issue, without ruling that it might accept jurisdiction in a similar case in the future. The Board did not determine if the players were statutory employees under the National Labor Relations Act (NLRA). Instead, the Board exercised its discretion not […]
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Photography courtesy of: Josh Blaha
