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U.S. Department of Labor Issues New Final Rule for Classifying Independent Contractors, Effective March 11, 2024

On January 10, 2024, the U.S. Department of Labor (“DOL”) published a final rule that imposes a new, six-factor test (see below) for determining whether workers are “independent contractors.” The final rule takes effect on March 11, 2024, and will generally make it more difficult for businesses to classify workers as independent contractors, rather than […]

| 7 min read | Tagged: , ,

Mail or In-Person Voting? The NLRB Issues Guidance on Representation Elections During the COVID-19 Pandemic

As with many other facets of life, the COVID-19 pandemic is impacting how the National Labor Relations Board (NLRB) handles representation cases. This week, in Aspirus Keweenaw & Michigan Nurses Ass’n, Petitioner, 370 NLRB No. 45 (2020), the NLRB adopted a new framework for the manner in which union elections should be conducted. Click here to […]

| 1 min read | Tagged: , , , ,
JL
Partner
RB
Former Associate

Criticizing the Employer’s Workplace Diversity and Inclusion Policies

Section 7 of the National Labor Relations Act (the Act) gives employees the right to engage in “concerted activities” for “mutual aid or protection.” In general, “concerted activities” are activities or conduct by employees with or on the authority of other employees. This includes activities or conduct by one employee designed to initiate or induce […]

| 2 min read | Tagged: , ,
JM
Of Counsel

Employers May Discontinue Checkoff of Union Dues at Expiration of Union Contract

In a December 16, 2019 decision, the National Labor Relations Board (Board) held that employers’ statutory obligation to checkoff union dues pursuant to their union contracts ends when said contracts expire. Overruling relatively recent precedent, the Board based its decision on the principle that there is no independent statutory obligation to check off and remit dues […]

| 1 min read | Tagged: , ,
JM
Of Counsel

UPDATE: Scalia Fills Labor Role

On September 26, 2019, the Senate confirmed labor and employment attorney Eugene Scalia for Labor Secretary, in a 53-44 vote that was divided along party lines. Scalia served as the Labor Department’s chief legal officer from 2002-2003, before entering private practice. The son of the late Supreme Court Justice Antonin Scalia, Eugene Scalia will assume […]

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The Labor Board Gives Unionized Employers More Flexibility Managing Their Workforce

It is well established that, in general, employers, whose employees are represented by a union, commit unfair labor practices by making any material, substantial and significant change regarding most terms and conditions of employment affecting the unionized employees, without first providing the union notice and a meaningful opportunity to bargain about the change to agreement […]

| 2 min read | Tagged: , ,
JM
Of Counsel

Intermittent Strikes Are Not Protected

A decision issued last week by the National Labor Relations Board (“NLRB” or “Board”) should be noted by employers facing employee general demands for changes in terms and conditions of employment. [1] The NLRB  reaffirmed established law that a series of short duration strikes, pursuant to a strategy of returning to work from a strike […]

| 1 min read | Tagged: , , ,
JM
Of Counsel

Scalia Fills Labor Role

Just as businesses were expressing cautious optimism over the interim replacement of Labor Secretary Acosta by veteran GOP operative and business ally Patrick Pizzella,  on July 18, 2019 the President announced plans to nominate business attorney Eugene Scalia to fill the role. The son of former Supreme Court Justice Antonin Scalia and current attorney at […]

| 1 min read | Tagged: , , , , ,