Mark J. Swerdlin

Subscribe to Mark J. Swerdlin's Posts

Whether Auto Dealer Service Writers (also called Service Advisors) are exempt from federal and state overtime pay requirements has been an issue for years. The U.S. Department of Labor (“DOL”) has flip-flopped on the issue since the exemption for “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles” was written into the…

Absent an injunction issuing in one of the pending cases challenging the National Labor Relations Board’s Final Rule substantially revising its representation case procedures, the rules become effective April 14, 2015. The practical effect is that representation elections will be held in a shorter period of time, which reduces the ability of employers to educate…

Even with the hoopla surrounding March Madness there has been equally compelling news regarding college football despite the fact that that sport is not even in season.  The National Labor Relations Board’s Chicago office just handed down a decision that Northwestern football players are employees and have the right to organize.  Nothing will happen immediately…

As we reported in May, the United States District Court for the District of Columbia invalidated the NLRB’s proposed “quickie” election rules, on the grounds that the Board lacked a proper quorum on the day of voting.   Member Brian Hayes never formally voted on the rules, though he did indicate in the days before…

The NLRB General Counsel’s office has released its third report on recent social media cases. The GC reviewed social media and confidentiality policies from several companies and found most policies unlawful.  In particular, the GC found the following portions of various social media and confidentiality policies unlawful:

  • “Don’t release confidential guest, team member or company

…

Some interesting tidbits of Maryland labor and employment news:

  • According to the Daily Record, Pepsi Bottling Group and a group of employees have settled an overtime compensation case in the U.S. District Court of Maryland.   As part of the settlement, about 60 employees will share an award of $187,275, with attorneys’ fees and administrative

…