Monthly Archives: March 2014
NLRB Reissues Expedited Union Election Rules
In 2011, business advocates across the nation balked at the National Labor Relations Board’s (NLRB’s) attempt to modernize labor union election procedures and expedite elections. Opponents argued that these new rules — dubbed “ambush election” rules by opponents — would deprive management of a fair opportunity to make a case against unionization to their… Read More »
Supreme Court Considers “Fair Share” Laws
Over the last several decades, public sector unions that represent state and local government employees have steadily increased in power and influence in the United States. This has partially been due to the ability of these unions to enjoy a stable stream of revenue due to “fair share” laws that allow them to collect… Read More »
High Court Case Takes on “Donning and Doffing” Under the FLSA
Despite the fact that the Fair Labor Standards Act (FLSA) has been in effect for almost 75 years, there are still instances where its nuances require judicial interpretation. One issue that arises from time to time is the extent to which union-negotiated collective bargaining agreements can override certain provisions of the FLSA. In a… Read More »
US Supreme Court Clarifies Causality Standard for Retaliation Cases
Employee charges and lawsuits for discrimination under federal law frequently go hand-in-hand with allegations of retaliation. These types of charges can be particularly damaging to employers from a public relations perspective because they are almost always premised upon allegations of deliberate and premeditated action by the employer. They are also a threat legally because… Read More »
Boss-Employee Pay Gap Going Public?
In September, the Securities and Exchange Commission (SEC) took steps to enact the Dodd-Frank mandate, requiring more transparency about executive compensation. Section 953(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 requires companies to disclose the median annual total compensation of all employees apart from the chief executive officer (CEO),… Read More »