Don't expect the EEOC to appeal. Continue Reading ›
The Board has a quorum again . . . for now. Continue Reading ›
Week 5 of Trump 2. Continue Reading ›
Resistance is building. Continue Reading ›
I've been asking this a lot lately. Continue Reading ›
Don't count on it. Continue Reading ›
Not necessarily a reprieve for employers. Continue Reading ›
They are not employer-friendly. Continue Reading ›
These six will get the EEOC's attention in 2024-28. Continue Reading ›
I hope this won't ruin your Labor Day weekend. Continue Reading ›
Bad news, but at least employers know where they stand. Continue Reading ›
Two cents from an employment lawyer. Continue Reading ›
I still think an emoji would have helped. Continue Reading ›
Here's what's been going on this week. Continue Reading ›
And that's not all! Continue Reading ›
The latest. Continue Reading ›
And more! Continue Reading ›
Tougher EEOC and OFCCP, a legal challenge at NLRB, and more. Continue Reading ›
He's not letting the grass grow under his feet. Continue Reading ›
Employers, proceed with caution. Continue Reading ›
It's official! (Well, close enough.) Continue Reading ›
This information could come in handy for employers. Continue Reading ›
Only YOU can prevent a social media firestorm. Continue Reading ›
This is not your usual summer, Gentle Reader. Continue Reading ›
But no word on when the votes will take place. Continue Reading ›
Some are old, and some are new. Some are "red," and some are "blue." Continue Reading ›
2019 ends with a bang. Continue Reading ›
The new deadlines are January 9 and January 23. Continue Reading ›
A change may be coming. Continue Reading ›
Building on last year's Supreme Court decision in Epic Systems. Continue Reading ›
It's spring, and a young person's fancy turns to . . . Continue Reading ›
With maybe some relief for employers. Continue Reading ›
A welcome decision for companies that use contract labor. Continue Reading ›
But it ain't over yet. Continue Reading ›
Two for the EEOC, three for the DOL, and none for the NLRB. Continue Reading ›
Here's a summary of what you may have missed over the holiday break. Continue Reading ›
What are you thankful for this year? Here is my list. Continue Reading ›
A preview of coming attractions! Continue Reading ›
Workplace rules are back, baby! Continue Reading ›
It's all pretty good news for employers. Continue Reading ›
The GOP majority is back, baby! Continue Reading ›
Are you in the know? Continue Reading ›
Interesting. Continue Reading ›
Not really a surprise. Continue Reading ›
I hope everyone's holidays were happy. While I was out . . . Continue Reading ›
Welcome back to an old friend, and goodbye to one we wish we'd had longer. Continue Reading ›
What are you grateful for this year? Here is my list. Continue Reading ›
We have a new General Counsel at the National Labor Relations Board! Continue Reading ›
Must-see ConstangyTV! The September edition of ConstangyTV’s “Close-Up on Workplace Law” is on YouTube, and you will not want to miss it. Host Leigh Tyson talks with Jon Yarbrough about social media in the workplace, including social media horror stories and what employers can do about them, the restrictions that have been imposed on social media policies by the National Labor Relations Board, and how that might change now that we have a Republican majority on the Board. To save you a long, grueling trip to our YouTube site, here it is:
Trump’s 8 zillionth* travel ban: what employers need to know. President Trump issued a new travel ban “proclamation” on Sunday, and the excellent Will Krasnow of our Boston Office has read it and explains it all for us in this Immigration Dispatch.
*I might be exaggerating. Continue Reading ›
Management-side labor attorney William Emanuel was confirmed by the Senate today as a Member of the National Labor Relations Board. Mr. Emanuel’s confirmation gives the Republicans a 3-2 majority on the Board.
However, Republican Chairman Philip Miscimarra has announced that he will not seek a second term when his current term expires in December, which means the GOP lead will soon return to a tie until the President has a chance to appoint a successor. Continue Reading ›
With President Trump in office for nine months now, it is hard to believe that none of his people are yet on the Equal Employment Opportunity Commission. The four current Commissioners, including the Acting Chair, Republican Victoria Lipnic, and former Chair Jenny Yang, were all appointed by President Obama.
But that may change soon. The Senate Health, Education, Labor and Pensions Committee held hearings this week on the nominations of Janet Dhillon for EEOC Chair and Daniel Gade for EEOC Commissioner.
(The Senate confirmation vote for William Emanuel, whose nomination as a Member of the National Labor Relations Board has been pending for quite some time, is expected to take place imminently.)
Here’s what we have learned about Ms. Dhillon and Dr. Gade from this week’s HELP Committee testimony, according to an article in Bloomberg BNA’s Daily Labor Report: Continue Reading ›
Law360 just reported that President Trump, as expected, has nominated Peter Robb of Downs Rachlin Martin PLLC to be General Counsel for the National Labor Relations Board. If confirmed by the Senate, Mr. Robb will succeed current General Counsel Richard Griffin, whose term will expire October 31.
According to the Law360 article, the Senate vote on President Trump’s remaining NLRB nominee, William Emanuel, could be imminent, but now the President will have to find one more nominee — to succeed Republican Chairman Philip Miscimarra, who will be stepping down when his term expires in December. Continue Reading ›
Just in time for Labor Day . . . Our favorite labor
commentator, David Phippen of our Washington DC-Metro Office, is his usual bad* self, with the latest of President Trump’s nominees and appointees to the National Labor Relations Board, a court’s “joint employer” decision that may indicate where the now-Republican Board will end up on this issue, the UAW defeat at Nissan in Mississippi, union-related scandals at the U.S. Postal Service and between Chrysler and the UAW, and — a pro-union vote at a chain of erotica shops in New York. (Leave it to David to make labor relations sexy.) Oh, and I almost forgot – a herd of goats taking union jobs in Michigan.
*By “bad,” I mean “awesome.” Continue Reading ›
By David Phippen of our Metro D.C. Office.
While the year is still young, here are 15 New Year's resolutions that employers may want to make:
1. Make sure your "independent contractors" are really independent contractors. "Independent contractors" are under scrutiny by the Internal Revenue Service, the U.S. Department of Labor, the National Labor Relations Board, state and local agencies, plaintiffs' lawyers, and union organizers. A misclassification can cost you back taxes, back pay (including overtime), and back benefits, as well as penalties and interest.
2. Review your email policies. The NLRB recently found that employees generally have a right to use employer email systems during non-working time in support of union organizing and concerted activity. The Board's decision means that many employer email use policies, as currently drafted, would probably be found to violate the National Labor Relations Act if an unfair labor practice charge were filed or a union tried to organize employees and argued that the employer's email policy interfered with the organizing efforts. In light of the new "quickie election" rule that the NLRB issued last month, both union and non-union employers would be well advised to review their email policies and revise as needed. (The "quickie election" rule is scheduled to take effect on April 14, but the U.S. Chamber of Commerce and other employer groups, including the Society for Human Resources Management, filed suit on Monday seeking to block the rule.)
It's not too late to register for our webinar on the NLRB's new rules on "quickie elections" and employee email use. The webinar, featuring labor attorneys Tim Davis, Jonathan Martin, and Dan Murphy, is from noon to 1 p.m. Eastern tomorrow (January 8). Be there, or be square!
This is Constangy’s flagship law blog, founded in 2010 by Robin Shea, who is chief legal editor and a regular contributor. This nationally recognized blog also features posts from other Constangy attorneys in the areas of immigration, labor relations, and sports law, keeping HR professionals and employers informed about the latest legal trends.
