Labor & Employment News Alert

A New York Federal Court Strikes Certain Department of Labor (“DOL”) Regulations Regarding Paid Leave Under the FFCRA

August 7, 2020

A federal district court in New York recently ruled in favor of the State of New York and struck down key provisions from the U.S. Department of Labor’s rule implementing and interpreting the Families First Coronavirus Response Act (“FFCRA”). A summary of State of New York v. U.S. Dept. of Labor’s¹ key holdings are as follows:

1. The district court struck down the DOL’s work availability requirement.…

Finally!: National Labor Relations Board Releases Final Rule Addressing Joint-Employer Status

February 25, 2020

The National Labor Relations Board (“NLRB”) unveiled its final rule today which greatly narrows the scope of the “joint-employer” test under which franchisers and businesses that use third-party employees could be held jointly liable under federal labor law.  The NLRB began the rulemaking process late in 2018 and received more than 30,000 public comments on the proposed changes. The new rule will…

Grace Hurney to Give Employment Law Presentation at WVCLE Litigation 2020 Seminar on February 8

January 13, 2020

Grace Hurney, a member of the firm’s Labor and Employment Group, will be giving a presentation at the WVCLE Litigation 2020 Seminar on Saturday, February 8, 2020.  Her topic is entitled “Litigating Motions to Dismiss in Employment Cases.”
 
The two-day seminar will be held at the Canaan Valley Resort & Conference Center in Davis, West Virginia.  If you are interested in attending or…

“I Reported, and He Got Promoted” – Riot Games’ Bro-Culture Proves Costly

December 9, 2019

Riot Games, a Los Angeles based video game developer, has agreed to pay out $10 million in a settlement with a class of women who had brought claims of sexual harassment and gender discrimination.  Announced in August 2019, court filings on December 2, 2019, revealed for the first time some of the terms of the settlement Riot Games reached with nearly 1,000 women who worked at the developer since…

NLRB Proposes Rulemaking to Protect Employee Free Choice

August 19, 2019

The National Labor Relations Board (NLRB) published a Notice of Proposed Rulemaking on August 12, 2019, proposing changes to Part 103 of its Rules and Regulations. These amendments to Part 103 are aimed towards better protecting employees’ statutory right of free choice on issues regarding representation.
 
Specifically, the proposed amendments include:
 
1. Replacing the…

#MeToo, Times Up, and Labor Negotiations

July 31, 2019

The #MeToo and Times Up movements may be coming to your bargaining table in the near future. Earlier this month, Netflix and a major Hollywood union, the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA), negotiated a contract containing anti-harassment protections in the form of prohibiting auditions from being held in private residences or hotel rooms. The…

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 19, 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 14, 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 18, 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 with…

Adkins and Hall to Present at 2019 Human Resources Conference

March 20, 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 30, 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 13, 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…