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Labor Relations / Unions

Snapshot: How many Americans are union members?

2019 marks the second year in a row in which just 10% of Americans belong to a union.

Scalia gets nod to become next secretary of labor

President Trump announced July 18 that he would nominate Eugene Scalia to replace Alexander Acosta as secretary of labor.

NLRB changes solicitation rules to favor employers

The National Labor Relations Board in June issued a decision that reversed a longstanding precedent by holding that employers may bar nonemployee union representatives or organizers from soliciting employees or promoting union membership in public areas within an employer’s facility.

Acosta resignation depletes an already shallow DOL bench

The resignation of Labor Secretary Alexander Acosta means only half of the Department of Labor’s 14 positions that require Senate confirmation are occupied nearly two-and-a-half years into the Trump administration.

Trade union lawyers target age discrimination

If you think labor unions only cause trouble for employers that find themselves on the wrong side of a picket line, think again. At least one union has become a driving force in a nationwide effort to ferret out age discrimination and file class-action lawsuits to make it stop.

Administration’s employment law agenda priorities revealed

The Trump administration’s Spring Regulatory Agenda—essentially the government’s policy to-do list—lays out an array of goals affecting employment law.

Democrats mount effort to roll back anti-union initiatives

A bill introduced by House Democrats in early May would outlaw state legislation that lets employees in unionized workplaces opt out of paying union dues.

NLRB: Bathroom chat isn’t ‘protected’ activity

Even in nonunion workplaces, the National Labor Relations Act protects the rights of employees to engage in “concerted activity” that aims to benefit their job-related mutual aid or protection. But does that protection cover two workers who are overheard complaining about clients in a bathroom? Apparently not.

Provide breaks for nursing mothers: DOL punishing violators of ACA rule

The Affordable Care Act requires employers to provide milk-expression breaks for new mothers and a private place that is not a bathroom. The U.S. Department of Labor is going after employers that don’t comply.

Court rules ministerial exception is limited

The ministerial exception is based on the U.S. Constitution’s prohibition of state interference with religious practices. In a recent California state court case, a religious employer found the exception is limited.