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…
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…
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…
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…
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…
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…
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…
January 7, 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.
January 6, 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…
December 11, 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 …
December 9, 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 …
October 10, 2018
Download invitation here
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…
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…
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…
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…
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…
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…
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…
January 7, 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.
January 6, 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…
December 11, 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 …
December 9, 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 …
October 10, 2018
Download invitation here
