By Michael J. Lotito
On Monday, the National Labor Relations Board voluntarily dismissed its appeal in Chamber Of Commerce v. NLRB, the case in which the U.S. District Court for the District of Columbia found the Board’s expedited representation election rule invalid because the Board lacked a quorum when it issued the rule in December 2011.
In this case, the district court determined that because only two of the three sitting Board members actually cast a vote to adopt the rule – Member Brian Hayes had voted against an earlier version of the rule but declined to participate in the final vote – the agency did not have the authority to act under the U.S. Supreme Court decision New Process Steel. Read more…
By Eric B. Meyer
You’ve got an employee with performance issues. Big time!
Initially, you put her on a series of performance improvement plans. But, that doesn’t result in — oh, what’s the word I’m looking for? — improvement.
So, you fire her.
Ah, but here’s the little wrinkle for today’s post. Read more…
By John E. Thompson
Yet another “misclassification” bill introduced in the U.S. Senate would impose new prohibitions, requirements, and penalties relating to categorizing a worker as being either an employee or a non-employee.
The “Payroll Fraud Prevention Act of 2013” (S. 1687) would among other things make it a freestanding violation of the federal Fair Labor Standards Act “to wrongly classify an employee … as a non-employee …” Read more…
By Joni L. Andrioff
In September, the Securities Exchange Commission approved proposed rules on calculating the ratio of the chief executive officer’s total annual compensation to the median total annual compensation of all employees, as mandated by section 953(b) of the Dodd-Frank law.
Specifically, the Proposed Rules, which span 47 pages of the Federal Register, require proxy disclosure of the median annual total compensation of all employees other than the CEO, and the ratio of that median employee compensation to the CEO’s annual total compensation. The Proposed Rules also request comments from the public on no less than 60 different issues in calculating the CEO pay ratio. Read more…
By James J. McDonald Jr.
Earlier this year, California Gov. Jerry Brown signed into law an expansion of the state’s “paid family leave” benefit.
While the new law does not become effective until July 1, 2014, already media outlets have reported that employees will have expanded rights to paid time off from work next year. This is only partially correct and it continues to spread the confusion over what “paid family leave” really means.
Beginning in 2004, California employees who took time off work to care for an ill parent, child, spouse, or domestic partner, or to bond with a newborn or newly-adopted child, could receive up to six weeks of pay through the state’s Employment Development Department (EDD). Read more…
By Eric B. Meyer
An employee-plaintiff who claims that she was discriminated against under the Americans with Disabilities Act due to her pregnancy alone, will lost her ADA claim 10 times out of 10. This is because pregnancy is not a disability under the ADA.
But what if that same employee plaintiff with an ADA claim alleges that the discrimination relates not to her pregnancy, but rather to her morning sickness?
Hmmm…. Read more…
By Adam-Paul John Tuzzo
While some states are clamoring for stricter laws concerning mandatory influenza vaccinations, some lawmakers in Wisconsin have taken the opposite approach.
A public hearing was held on Nov. 13, 2013 regarding Assembly Bill 247, which would prohibit Wisconsin employers – including health care employers – from demoting, suspending, firing or discriminating against employees who refuse a seasonal influenza vaccination. Read more…
By Fredrick Englehart
If even half of the proposed actions get approved from the U.S. Department of Labor’s spring 2013 regulatory agenda, unions will likely be celebrating.
That’s because the agenda created by new Secretary of Labor Thomas Perez (right) reads like a wish list for organized labor. Of course, there is no way of telling if and when any of these regulations will be approved, but the stepped up actions do send a cautionary message to employers.
One of the more controversial changes expected to be resolved yet in 2013 is the issuance of the final rule to narrow the advice exemption to the Labor-Management Reporting and Disclosure Act (LMRDA). Read more…
By Carmon M. Harvey
Gone are the days where the young people of the world are willing to work for peanuts (or less) to beef up their resumes with “internships.” They now increasingly are insisting – often through litigation – on being paid a minimum wage and overtime for that experience.
As my colleague, Dan O’Meara, recently was quoted in a Forbes.com article on this topic, “No good deed goes unpunished.”
While we can question whether kids these days have any work ethic and whether offering those “kids” the opportunity to put in long hours for little or no pay is really a “good deed,” the idea that individuals should be paid for work performed is not a new or novel concept. Read more…