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Apr 19 2024
Labor RelationsWage and Hour

Supreme Court clarifies arbitration rules for transportation workers

The U.S. Supreme Court recently clarified that a worker’s job duties, not their employer’s business, determine whether they qualify as a transportation worker who is exempt from the Federal Arbitration Act (FAA). The FAA exemption frees such workers from the general rule under federal law that workers can be compelled to sign agreements to resolve…

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Apr 05 2024
Labor RelationsLeave LawsWage and Hour

WASHINGTON: Governor signs 2024 bills

The Washington legislature’s regular session adjourned on March 7, 2024, and Governor Jay Inslee has signed several employment-related bills into law: SHB 1905 (pay equity): Expands Washington’s existing pay equity law beyond gender to also include membership in a long list of protected classes: age, sex, marital status, sexual orientation, race, creed, color, national origin,…

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Mar 21 2024
Employee BenefitsHiringLabor Relations

Judge tosses NLRB’s 2023 joint employer rule

A federal district court judge in Texas has invalidated the National Labor Relations Board (NLRB)’s 2023 rule defining when two separate companies are actually joint employers for purposes of compliance with the National Labor Relations Act (NLRA). The judge issued the decision shortly before the rule was scheduled to take effect. The Board is expected…

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Mar 11 2024
Labor RelationsUncategorized

Court extends effective date of joint employer rule to 3/11/24

              A federal district court in Texas recently delayed the effective date of the National Labor Relations Board (NLRB)’s revised joint employer rule until March 11, 2024. The new rule was originally scheduled to take effect on December 26, 2023, but we previously reported that the Board later delayed the…

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Mar 08 2024
Labor Relations

Don’t unilaterally stop dues checkoff when CBA expires

Employers can no longer unilaterally stop collecting union dues when a collective bargaining agreement (CBA) expires, ruled the U.S. Ninth Circuit of Appeals. Under the National Labor Relations Act (NLRA), a union-represented employee can agree to allow their employer to deduct and remit union dues. In a case involving hospital employees, the CBA between the…

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Jan 29 2024
Labor RelationsTermination & ResignationWage and Hour

Q&A: Employees can discuss wages with each other

Question: Two of our employees accessed confidential payroll files and now are loudly complaining they are the lowest-paid employees in the company. Their manager is upset and wants to fire them for breach of trust, disrupting our business operations, and hurting morale. The whole department is demanding a raise. What can we do here? Answer:…

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Nov 02 2023
Employee ClassificationsLabor RelationsWage and Hour

NLRB expands interpretation of joint employment

The National Labor Relations Board (NLRB) recently issued a new regulation that broadly designates separate companies as joint employers for purposes of having a duty to comply with the National Labor Relations Act (NLRA). The rule affects potential joint employment relationships such as client employers and their staffing agencies, or franchisors and their franchisees, or…

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Oct 05 2023
Labor Relations

NLRB issues rules to speed pace of union elections

As expected, the National Labor Relations Board has issued “quickie election” rules—new regulations that will likely shorten the amount of time between a union’s petition for an election and the date of the election itself. The changes apply to representation petitions filed on or after December 26, 2023 (88 Fed Reg 58076, August 25, 2023)….

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Sep 21 2023
Drug and AlcoholLabor Relations

Q&A: Notify union of pending changes to drug testing policy

Question: We’re changing our drug testing policy to remove marijuana from the applicant drug panel. We might do some other language clean-up while we’re doing so. Because the substantive change involves applicants, we don’t have to notify the union, right? Answer: Wrong…only because you said you’re doing other “clean-up.” What you consider to be minor…

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Sep 07 2023
Labor Relations

NLRB decision makes union organizing easier

The National Labor Relations Board (NLRB) now requires employers to quickly file any challenges to a union’s demand for recognition, and if an employer commits an unfair labor practice (ULP) that would justify setting aside an election result in the employer’s favor, the Board will require the employer to proceed straight to bargaining with the…

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Sep 07 2023
Labor RelationsQ&ATermination & Resignation

Q&A: Do employees have a right to talk with customers about pay

Question: One of our customer service employees recently contacted a customer to enlist support for higher pay for themselves and coworkers. Can we discipline or terminate them for this conduct? Answer: Probably not. You cannot terminate a nonmanagement employee for engaging in a protected “concerted” (group) activity under Section 7 of the National Labor Relations…

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Jul 06 2023
Labor Relations

NLRB returns to multi-factor test for independent contractor status

The National Labor Relations Board has returned to its traditional multi-factor test for determining independent contractor status, overruling its own 2019 decision that had focused mainly on the worker’s entrepreneurial opportunity (The Atlanta Opera, Inc., NLRB, June 2023). This test is important to properly classify workers because independent contractors are excluded from the organizing rights…

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