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Labor Relations / Unions

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.

No interference with obtaining employment if ex-employee already has job

California’s Labor Code includes provisions to protect former employees from attempts to interfere with their ability to get a new job. Now a California appeals court has clarified that this only applies to efforts to obtain employment, and not to misrepresentation after the former employee has begun work.

DOL offers new online resource on workplace mental health issues

The U.S. Department of Labor has launched an online Mental Health Toolkit, an online resource to provide tools employers can use to support employees dealing with mental health problems.

EEO-1 pay data could be due Sept. 30

The EEOC is planning a Sept. 30 deadline for employers to hand over data on how much they pay employees, broken out by by race, ethnicity and sex.

DOL opinions on FMLA leave, volunteerism

The U.S. Department of Labor has issued new opinion letters addressing FMLA leave and compensation for employees who spend time volunteering.

White House proposes 10% budget cut for DOL

President Trump’s budget request, released March 11, seeks $10.9 billion for DOL activities in fiscal year 2020, about $1.9 less than FY 2019.

Federal court revives EEO-1 pay reporting requirement

The U.S. District Court for the District of Columbia on March 4 vacated a Trump administration stay of an EEO-1 reporting requirement that was promulgated during the Obama administration but never implemented.