Management’s Workplace Blog – Information and Insights for Employers
As we predicted when President Biden took office, the National Labor Relations Board has now returned to an Obama-era standard that permits a union to organize in as small a unit as it has support (i.e., micro-units). This continues the Biden administration’s trend of easing the path to unionization.
Continue Reading The Return of the Micro-Unit: The NLRB Shifts Course Yet Again
On Tuesday, December 13, 2022, the National Labor Relations Board issued a wide-reaching decision expanding the remedies available to workers subjected to unfair labor practices by either unionized or non-union employers. In Thryv, Inc., the Board stated it will add compensation “for all direct or foreseeable pecuniary harms” to its customary “make-whole” remedy, which typically has consisted of back pay along with reinstatement. The Board will consider “all direct or foreseeable pecuniary harms” in any case that calls for relief to make employees whole for unfair labor practices, not just egregious violations. The Board, however, declined to extend make-whole relief to pain and suffering or emotional distress, as advocated by its General Counsel, or to front pay, compensation for legal fees, or heightened bargaining remedies, as sought by other interested entities through amici (i.e. “friend of the court”) briefs.
As you may be aware, there is some contentious litigation ongoing between the PGA Tour and LIV Golf, a new and controversial golf league financed by the Saudi Arabian Public Investment Fund (i.e. the Saudi Arabian government) that aims to become a competitive alternative to the PGA Tour. If you’ve successfully avoided the barrage of news stories on the issues, I’ll summarize the main points for you here:
Continue Reading Wait, Is that Pro Golfer an Employee or Independent Contractor?
On November 2, 2022, a federal judge in Boston barred Harvard University from using its $15 million litigation claims policy to cover legal expenses in connection with its admissions program lawsuit – because Harvard (yes, that hallowed Ivy League institution, full of very smart people) neglected to give timely notice of the claim. Yikes!
Continue Reading Harvard Fumbled the Bag* – A Lesson for Employers!
Well, the 2022 World Cup is finally underway in Qatar. Although professional soccer does not drive quite the same amount of interest among the U.S. populace as, say, football (Go Ravens!) or basketball, the World Cup is still one of the major sporting events in the world – and there are likely many employees who are following it rather closely. And unlike last time in 2018, the U.S. team has qualified for the tournament, so there may be some patriotism at play here. So we thought we might offer employers some guidance on World Cup issues in the workplace.
So, many people, including my son, are rejoicing because the voters in Maryland approved recreational marijuana (which Maryland refers to as “cannabis”) last week. Employers, however, are perhaps not quite so excited – and may be confused about what that actually means for the workplace. While we don’t yet have all the answers, let’s talk about what we do know.
Continue Reading Recreational Marijuana in Maryland? What Employers Need to Know
In an expected move, the National Labor Relations Board (the Board) published a Notice of Proposed Rulemaking (NPRM) that would rescind a final rule issued in April 2020 (the 2020 Rule), which we discussed here. The proposed rule, titled the “Fair Choice and Employee Voice” rule, would enact policies that would insulate a union’s status as employees’ bargaining representative by (1) reviving “blocking charge” procedures, (2) reinstating an immediate “recognition bar,” and (3) allowing unions in the construction industry to obtain an enhanced representational status through contract language alone and without ever having to demonstrate support by a majority of the employees it represents.
Is the playing of obscene and misogynistic rap music in the workplace discriminatory on the basis of sex if it offends women? A former Tesla employee has asked the U.S. District Court for Nevada to answer “yes” to that question after filing suit against her former employer alleging that, among other things, the obscene and misogynistic rap music, as well as the actions and statements made by her co-workers related to that music, amounted to sexual harassment.
Continue Reading Can Rap Music in the Workplace Create a Hostile Work Environment?
As I mentioned in a previous post, I am always curious as to how things turn out. But often as an employment lawyer, I am left in a state of ignorance. I give advice to employers on what to do in tricky situations, but don’t always hear whether my advice was implemented (I certainly hope so!) or what resulted (good things, hopefully!). And often I wonder what happens to the parties in high-profile cases – like Bostock v. Clayton County, one of a trio of cases in which the U.S. Supreme Court ruled that Title VII’s prohibition on “sex discrimination” in employment encompasses sexual orientation and gender identity.
Continue Reading Bostock v. Clayton County: The Epilogue… and What It Means for Employers (for Now)
In the latest salvo in the battle over the classification of workers as independent contractors or employees, the U.S. Department of Labor announced the publication of a new proposed interpretation. The final document set forth in Notice of Proposed Rulemaking will not be an actual rule or regulation, because the DOL has no statutory authority to define the distinction between independent contractors and employees in a way that is binding on courts. Rather, the interpretation is published as a guide as to how the Department will enforce the Fair Labor Standards Act, and in the hope that courts will defer to the DOL’s views on the subject.
Continue Reading Department of Labor Proposes Independent Contractor Interpretation
