Labor & Employment News Alert

Tough times for “Fat Cat” and “Scabby the Rat:” NLRB Advice Memo says use of inflatables may be an illegal form of secondary picketing

May 20, 2019

In a recently released Advice Memorandum, the National Labor Relations Board’s (NLRB) Division of Advice indicated that use of inflatables by a Union at an employer’s entrance can be a violation of the National Labor Relations Act (NLRA).

For those unfamiliar with these creatures, Scabby the Rat is a red-eyed, ghastly inflatable cartoon rat that can reach up to 30 feet tall that is deployed by…

Uber Drivers Dealt Significant Blow in Union Organization Efforts

May 15, 2019

The National Labor Relations Board (NLRB) released an advice memorandum on May 14, 2019, in which it advised that Uber drivers are not “employees” of the company, but rather independent contractors.

The move is the first major policy decision under the Trump Administration dealing with the “gig” or “sharing” economy. A gig economy is one in which temporary, flexible jobs are commonplace and…

A Perfectly Clear Win for Successor Employers in Recent NLRB Decision

April 19, 2019

In a decision earlier this month, the National Labor Relations Board reversed precedent on successor employer bargaining obligations. In Ridgewood Health Care Center (367 NLRB No.110), the Board limited the circumstances in which a successor employer of a unionized workforce forfeits its right to set initial terms and conditions of employment for its employees.

At the outset, the Board agreed…

Adkins and Hall to Present at 2019 Human Resources Conference

March 21, 2019

Two member of Jackson Kelly’s Labor and Employment Group, Wendy Adkins and Jill Hall, will both present at the WV Chamber’s 2019 Human Resources Conference to be held on Tuesday and Wednesday, April 9 and 10, 2019, at the Charleston Marriott Town Center, Charleston, WV.  Both will be giving presentations on Wednesday, April 10. Jill will be presenting "Conducting Pay Equity Audits" and Wendy's…

NLRB REVERSES COURSE ON “ENTREPRENEURIAL OPPORTUNITIES”

January 31, 2019

In a decision that will benefit companies that rely on independent contractors, particularly ride-share services, the National Labor Relations Board issued an opinion last week reverting to its pre-Obama-Era standard for determining whether a worker is an independent contractor or an employee for purposes of the National Labor Relations Act. 

The case, SuperShuttle DFW, Inc., 367 N.L.R.B. No. 75…

Reminder: Employees Can Discuss Salary and the Terms and Conditions of Employment With Each Other.

January 14, 2019

Even lawyers can get it wrong. The National Labor Relations Board (“NLRB”) recently reached a settlement agreement with the law firm Goldberg Segalla regarding allegations that the law firm forced employees to sign a “confidentiality agreement” that made discussing the terms and conditions of employment a terminable offense (Case No. 02-CA-220607).

The NLRB, though, barred the confidentiality…

There's still time to register for the Labor & Employment Seminar on January 25!

January 8, 2019

Learn about the latest changes in labor and employment law at the upcoming Labor & Employment Seminar on January 25, 2019 at the Tropicana Conference Center. Our topics focus on new trends in employment and labor law and include an outlook for the 2019 Indiana Legislative Session. Continuing Legal Education (CLE) credits are pending. Download the invitation here. 

An Early Look at Federal Labor and Employment Law Developments in 2019

January 7, 2019

Since we just turned the page on 2018, it is time to focus on what labor and employment law developments may be in store for employers in 2019.  This post highlights several labor and employment regulatory and case law developments that may come to fruition this year.

1. The U.S. Equal Employment Opportunity Commission (EEOC) is scheduled to release a new proposal in June regarding how employers…

The Latest Edition of the JK Defense Newsletter and an Upcoming Free Seminar

December 12, 2018

Learn about the latest changes in labor and employment law in the attached JK Defense Newsletter and an upcoming Labor & Employment Seminar on January 25, 2019 at the Tropicana Conference Center. Our topics focus on new trends in employment and labor law and include an outlook for the 2019 Indiana Legislative Session. Continuing Legal Education (CLE) credits are pending. Download the invitation …

One Court Declines to Find Retroactive Liability Against Public-Sector Unions in the Wake of Janus

December 10, 2018

This past summer saw a significant upheaval in the area of public-sector labor law with the United States Supreme Court ruling in Janus v. American Federation of State, County, and Municipal Employees, Council 31, which held that agency fees could not be automatically deducted from an employee’s pay unless that employee affirmatively consents to the payment. (You can read more on the Janus …

There's still time to register! Attend the Employment Law Seminar: Trends in WV Employment, Labor and Benefits Law

October 11, 2018

NLRB’s Proposed Rulemaking on the Joint Employer Standard

October 1, 2018