Time for federal contractors to get ready for new pay transparency rule

September 10, 2015 - by: Tammy Binford 0 COMMENTS

Federal contractors need to be preparing now for the U.S. Department of Labor’s (DOL) new pay transparency rule, a rule going into effect in January that is likely to present challenges to a number of employers, according to an attorney familiar with its provisions.

“This rule appears to me to be part of the overarching intention of the agency to provide for more defined and broader rights for workers,” Jo Ellen Whitney, an attorney with the Davis Brown Law Firm in Des Moines, Iowa, said after publication of the rule was announced September 10. “Any time we add a section to the law that would broaden coverage or create a new category of discrimination or retaliation, we create employer issues. This is not because employers will violate the law, but because it is uncertain how it will be used to support any potential employee claim.”

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New NLRB standard exposes more employers to union, other pressures

August 27, 2015 - by: Tammy Binford 0 COMMENTS

The National Labor Relations Board (NLRB) has adopted a new and broader standard of what constitutes joint employment by taking a stand that abandons a long-accepted standard in favor of one the Board claims better reflects “the current economic landscape.”

The new view of joint employment will bring major change not just to employers using staffing agencies but also to employers that operate on a franchise model or use various kinds of contingent workers, according to attorneys closely watching the Board’s actions.

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NLRB dismisses petition to unionize Northwestern football players

August 17, 2015 - by: Tammy Binford 0 COMMENTS

Just how the dismissal of the petition to unionize some Northwestern University football players will affect other representation issues before the National Labor Relations Board (NLRB) is uncertain, but one issue the Board didn’t touch is whether scholarship football players should be considered employees.

The NLRB announced on August 17 that it had unanimously decided to dismiss the 2014 unionization petition because “asserting jurisdiction would not promote labor stability” because of the nature and structure of the National Collegiate Athletic Association’s (NCAA) Division I Football Bowl Subdivision (FBS).

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NLRB says employees may use company computers for organizing activity

December 12, 2014 - by: HR Hero 4 COMMENTS

In perhaps one of its boldest moves, on December 11, the National Labor Relations Board (NLRB) overturned existing precedent and held that employees have the right to use their employer’s e-mail system for Section 7 concerted activity, including union-organizing activities, during nonbusiness hours. The decision obviously affects employers’ policies on employee e-mail use.

As background, the NLRB previously held in Register Guard, 351 NLRB 1110 (2007), that employers could bar employee use of their e-mail systems for nonbusiness purposes, including union or other communications protected under Section 7 of the National Labor Relations Act (NLRA), so long as the employer does so on a nondiscriminatory basis. In other words, the employer did not have to let employees use its e-mail system when it came to union business, including organizing campaigns.

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NLRB’s McDonald’s franchise determination called ‘aggressive play’

July 30, 2014 - by: Tammy Binford 0 COMMENTS

A National Labor Relations Board (NLRB) ruling that the McDonald’s corporation is a joint employer with its franchisees is a departure from longtime precedent that’s drawing fire from the fast-food giant and other business interests.

The NLRB’s Office of the General Counsel released a statement on July 29 saying the Oak Brook, Illinois-based corporation could be named as a joint employer in a rash of complaints stemming from employee efforts to unionize and fight for higher wages. The decision is “another aggressive play” by the NLRB, according to Bart N. Sisk, an attorney with Butler Snow LLP in Memphis, Tennessee.

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Obama’s three NLRB recess appointments were invalid, Supreme Court rules

June 26, 2014 - by: HR Hero Alerts 0 COMMENTS

On June 26, 2014, the U.S Supreme Court unanimously upheld the decision of the U.S. Court of Appeals for the District of Columbia Circuit in Noel Canning v. NLRB, concluding that President Barack Obama’s three recess appointments to the National Labor Relations Board (NLRB)—Sharon Block, Richard Griffin, and Terence Flynn—were not valid.  Accordingly, since three out of the five members were invalidly appointed, the NLRB lacked a quorum.  That means Board decisions, including union-friendly rulings on social media, confidentiality rules, and off-duty employee access to the workplace, are now affected and likely invalid

In January 2012, President Obama filled three vacancies on the NLRB while the Senate was on its 20-day holiday break. Republicans objected to the president’s appointments, claiming the Senate wasn’t in recess because it was holding pro forma sessions every few days.

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NLRB invites briefs in Northwestern football case

May 12, 2014 - by: Tammy Binford 0 COMMENTS

The National Labor Relations Board (NLRB) is inviting interested parties to submit briefs on the Northwestern University football case. Briefs must be submitted on or before June 26, 2014.

At the request of the university, the NLRB agreed on April 24 to review the decision of a regional director finding that the university’s scholarship football players are employees under the National Labor Relations Act (NLRA) and therefore are eligible to unionize.

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NLRB invites briefs on case concerning use of employer’s e-mail system

May 05, 2014 - by: Tammy Binford 0 COMMENTS

The National Labor Relations Board (NLRB) is inviting interested parties to file briefs in a case that could overrule a decision that allows employers to restrict employees’ use of their electronic communication systems.

On April 30, the NLRB issued its decision in Purple Communications, Inc. That decision notes that on October 24, 2013, an administrative law judge (ALJ) dismissed an allegation that Purple Communications violated the National Labor Relations Act (NLRA) by prohibiting the use of its electronic equipment and e-mail system for activity that was not related to business purposes.

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NLRB to review Northwestern University football ruling

April 24, 2014 - by: Tammy Binford 0 COMMENTS

On April 24, the National Labor Relations Board (NLRB) announced that it will review a regional director’s decision that Northwestern University’s scholarship football players are employees who are eligible to unionize.

The Board’s announcement came one day before a secret-ballot election, which will go on as scheduled. The NLRB said the ballots will be impounded until it affirms, modifies, or reverses the decision.

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April 25 date set for Northwestern football union vote

April 03, 2014 - by: Tammy Binford 0 COMMENTS

The National Labor Relations Board (NLRB) has scheduled an April 25 union representation vote for Northwestern University football players.

Spokespersons in both the Chicago and Washington, D.C., NLRB offices confirmed that the April 25 date has been set but didn’t have more information such as which players will be eligible to vote and when results will be known.

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Categories: Labor organization / NLRA / NLRB

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