In a May 16 Blog Post, I reviewed several cases dealing with the question of whether Title VII’s ban on discrimination “because of . . . sex” included a ban on discrimination “because of sexual preferences.” I summarized three recent decisions by the United States Courts of Appeal – the Eleventh Circuit holding Title VII … Continue Reading
Some manufacturers may interpret the “Epic Fail” of Congress to repeal the Affordable Care Act as a sign of stability in the labor and employment landscape. After all, one thing which the new Administration and Congressional Republicans had in common was their seven-year pledge to repeal “Obamacare.” When compared to the divergent views on other … Continue Reading
Last month, in my “Manufacturing Law Predictions for 2017: Labor and Employment” posting, I wrote: “Expect at least some high-profile workplace ‘raids’ to round up undocumented workers and substantial fines on the employers which have hired them.” On Monday, the Department of Homeland Security announced that it had concluded the round-up of 680 undocumented workers … Continue Reading
As has been our tradition, January is the time to predict the big developments in the coming year which will impact on manufacturers. Notwithstanding my “Lawyer’s Shrug,” here is my take on 2017. Minimum Wages. Even though President Trump ran on a populist platform to raise wages for American Workers, I believe it unlikely Congress … Continue Reading
I am a really big fan of the NPR radio show, “Car Talk,” where two Boston auto mechanics took callers’ questions and tried to answer them. Since the November 8 election, I have freely adapted one of their signature phrases – I call it the “Manufacturers’ Lawyers’ Shrug.” Basically, when I attend any event and … Continue Reading
I had a blog piece almost done. It was going to give an overview of another NLRB case which threatened to overturn settled law and expand the rights of unions to organize. I was going to use it as another “Year of Change” post. Then the votes got counted. Wow. After eight years of ever … Continue Reading
As noted in this space in May, effective December 1, employees earning less than $47,476 per year may no longer be treated as exempt from overtime under the federal Fair Labor Standards Act. See “New Wage and Hour Requirements for Certain Employees of Manufacturers.” Those manufacturers which have not yet addressed the issue have a … Continue Reading
We have been watching, warning and posting about the saga of the troubled Central States Pension Plan (“CSPP”). See The Gift-Giving Season? Three “Game-Changing” Employment Developments Impacting Manufacturers, Teamster Plan to Cut Pensions Presents Significant Issues for Manufacturers, and A Troubling Future Part One: Teamsters’ Pension Rescue Plan. Things were bad. They got worse. Created … Continue Reading
While you may have thought that the major party conventions and Olympic Games in Rio would have resulted in a break from significant legislative and regulatory changes, that simply does not seem to be the case. Recent changes affecting manufacturers include the following: The U.S. Department of Labor to increase civil penalties for ERISA violations. … Continue Reading
In May, the U.S. Department of Labor (“DOL”) published its amended regulation regarding the so-called “White Collar” exemption from the Fair Labor Standards Act (“FLSA”). As a result, manufacturers may either have to boost the wages of some employees or radically change the manner in which those employees are compensated. Under the FLSA, employees must … Continue Reading
Last month, we posted about the United States Senate’s passage of the Defend Trade Secrets Act of 2016. Breaking news: It passed. Thanks to members of our Labor & Employment (Ian Clarke-Fisher) and Intellectual Property Litigation groups (Jim Nault) for this guest post. On May 11, 2016, President Barack Obama signed the Defend Trade Secrets … Continue Reading
Manufacturers should take note of two recent developments in the human resources world. One expected. The other not. Frequent readers of this blog may recall that in January I predicted the United States Department of Labor (“DOL”) would make good on its goal of updating the “Persuader Rule.” By way of background, the Persuader Rule … Continue Reading
As I have commented in this space multiple times, under the Obama Administration, government agencies (particularly the U.S. Department of Labor, the Equal Employment Opportunity Commission and the National Labor Relations Board) have given manufacturers great incentives to review and update employment policies in light of an aggressive enforcement environment. The National Labor Relations Board … Continue Reading
I ended my January 21 “employment law predictions” post by writing, “One thing I can count on as these ‘Years of Change’ continue, [I] expect something unexpected.” The EEOC made that prediction come true the same day when it published for comment a wholesale revision of its policy guidance on retaliation claims under federal civil … Continue Reading
While we are still saying “Happy New Year” (I checked and was told that January 21 was still “not too late” to wish good tidings for 2016), and as we get ready for the Great East Coast Blizzard of 2016, I thought it would be a good time to add my own predictions for … Continue Reading
On Friday, the United Auto Workers claimed victory in its long-running efforts to organize the VW plant in Chattanooga, Tennessee. Reportedly capturing 71 percent of the vote (108 in favor to 44 against), the election victory represents the first successful organizing campaign of this troubled German car manufacturer in the United States. The victory comes … Continue Reading
This is the second of two posts regarding the “troubling” state of multi-employer pension plans. My October post provided an overview of the recently published Teamsters’ Central States Pension “Rescue Plan” and discussed some of its implications. This post will review the recent decision of the Ninth Circuit Court of Appeals in Resilient Floor Covering … Continue Reading
Two significant developments in the multi-employer pension world emerged in September, developments which could give manufacturers concern. While this is not the time to panic (we have plenty of time to panic), readers should take notice. Development number one was the filing on September 25 of the Teamsters’ Central States Pension “Rescue Plan” to … Continue Reading
Just in time for Labor Day, the National Labor Relations Board handed organized labor a great gift and potentially disrupted the business and labor relationships of thousands of American manufacturers. On August 27, 2015, a divided Labor Board ruled 3-2 that Browning-Ferris Industries was the “joint employer” of workers supplied by a third-party. Browning-Ferris Industries, … Continue Reading
The political discourse focusing on the wage disparity between the rich and the poor has led to efforts to raise the minimum wage for American workers. Today, more than half the states have minimum wages above the Federal minimum wage, and effective July 1, 2015, the District of Columbia crossed the $10 per hour threshold … Continue Reading
On June 30, 2015, the United States Department of Labor (DOL) issued a Notice of Proposed Rulemaking seeking comments on a proposal to raise the salary threshold for the so-called “white-collar” exemptions from $455 per week ($23,660 annually) to an expected $970 per week ($50,440 annually), as projected by the DOL for 2016. The DOL … Continue Reading
In an increasingly competitive landscape, a manufacturer’s significant employees may hold the “keys to the kingdom.” Loss of such a worker to a competitor could have a substantial impact on future business growth. Many manufacturers invest significant resources to keep key employees and, by doing so, preserve their market advantage. Strategic use of employment agreements, … Continue Reading
In April, the Teamsters Central States Pension Fund (“Central States”) announced its intention to cut the benefits of retired workers under the recently enacted 2014 Multiemployer Pension Reform Act (“MEPRA”). I previously blogged about the MEPRA in December. There I noted that, for those financially stressed pension plans seeking protection, the process for implementing benefit … Continue Reading
Barring a last minute surprise (and this writer is not betting on anything), the National Labor Relations Board’s new union representation case rules will take effect April 14. Capping a lengthy campaign to revamp the process by which manufacturers (and other employers) may be compelled to recognize and bargain with unions, the NLRB’s new rules … Continue Reading
