May 2016

In a perplexing – if not shocking – decision, the National Labor Relations Board determined that there is substantial difference between an employee having the opportunity to vote in a mail ballot election, and his or her vote in fact being counted.

In Premier Utility Services, LLC, the employer, a utility company with 101 employees living and working in New York City’s five boroughs, participated in a mail ballot election from October 20 to November 4, 2015 to determine whether Communications Workers of America, Local 1101 would represent the petitioned-for employees.  However, as of November 4, 2015, the NLRB Regional Office had received only four (!) ballots.  As a result, the parties postponed the tally of ballots until November 12, 2015, a somewhat usual departure from the NLRB’s usual election procedures.  By November 12, 2015, the NLRB only received 34 ballots out of the possible 101.  Nevertheless, the Region counted the ballots and the Union received a majority of the votes counted, 20-14.Mail

Following the count, the NLRB Regional office received an additional 55 ballots, including 48 ballots that were postmarked before November 4, the end of the original voting period.  The Regional Director, however, refused to count the 48 ballots that were postmarked before November 4 because they were received after November 12.  As a result, the union was certified as the bargaining representative based on only 34 votes out of 101 eligible voters, even though a large number of additional ballots had been timely mailed!!!Continue Reading NLRB Refuses to Count Timely-Mailed Ballots

dollar_sign_imageOn May 17, 2016, the Department of Labor announced the release of its long-awaited revisions to its overtime exemption rule. The new rule doubles the salary requirement for white collar (executive, administrative and professional) employees from $23,660 per year ($455 per week) to $47,476 per year ($913 per week).  The required minimum salary for the highly compensated employees’ exemption also has been raised from $100,000 to $134,004. These salary levels will be subject to automatic adjustments every three years. The new rule does not change the duties test for any of the exemptions. It will take effect on December 1, 2016. Our firm will be holding a complimentary webinar on Wednesday, May 25 to discuss the changes and offer practical suggestions on how to comply with the new rules.
Continue Reading NEW OVERTIME RULE

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On a related note to my previous post on pet bereavement leave, my daughter told me about another leave available to those dog-crazy folks in the U.K – “paw-ternity leave.” (Which is very different than “peternity” leave – another name for pet bereavement leave!) Essentially, this type of leave is a maternity/paternity leave for pets.

As first reported by the Mirror, a research study by pet insurance provider Petplan found that almost 1 in 20 new pet owners in the U.K. are offered “paw-ternity” leave by their employers. This leave can be used to settle in and care for a new pet, vet appointments, training, etc. It ranges from a few hours to a few weeks, and is provided in addition to the worker’s usual vacation leave allotment. The article specifically identifies two different companies that formally provide this type of leave – pet food manufacturer Mars Petcare and IT company Bitsol Solutions.
Continue Reading “Paw-ternity” Leave?

male-709687_640This week, the EEOC issued a Fact Sheet regarding Bathroom Access Rights for Transgender Employees under Title VII of the Civil Rights Act of 1964, which the EEOC has stated prohibits discrimination on the basis of gender identity.  Title VII applies to all federal, state, and local government agencies in their capacity as employers, and to all private employers with 15 or more employees.

In siding with other federal government agencies that have released similar guidance (OSHA, the Office of Personnel Management, and the Department of Education), the EEOC stated that an employer should allow an employee to use the bathroom that corresponds with the employee’s gender identity.
Continue Reading The EEOC’s Fact Sheet on Transgender Access to Bathrooms