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Labor Relations / Unions

Post-Janus, N.Y. legislation favors public-sector unions

07/13/2018
The Supreme Court’s decision in Janus v. AFSCME struck down as unconstitutional the Illinois fair share law and similar state laws, including New York’s. This decision could be devastating for New York public-sector unions.

Pennsylvania DLI proposal would more than double exempt threshold

07/10/2018
The Pennsylvania Department of Labor and Industry has submitted a proposed rule to amend the regulations that exempt executive, administrative and professional salaried workers from overtime requirements under Pennsylvania’s Minimum Wage Act of 1968.

Supreme Court: Public sector workers can’t be forced to pay union fees

06/27/2018
Expect the decision to substantially weaken public-sector unions—which traditionally support Democratic candidates—as this ruling likely means the unions will likely see a large drop in funding.

DOL rejects senators’ request for harassment study

06/27/2018
The U.S. Department of Labor has refused to help a group of Democratic senators seeking to determine the overall impact of workplace sexual harassment on the economy. Now the legislators, led by Sen. Kirsten Gillibrand of New York, have turned to the Government Accountability Office for assistance.

Administration proposes combining DOL with Education Department

06/26/2018
The Department of Labor and the Department of Education would merge into one agency under a Trump administration proposal released June 21. The plan was announced as part of an effort to streamline Washington bureaucracy.

Refuse a DOL subpoena, go straight to jail

06/26/2018
The owner of GT Drywall in Chino Hills, California, spent some time behind bars after a federal judge tired of his delaying tactics in an ongoing wage-and-hour investigation.

Business pushes NLRB for strict definition of joint employment

06/19/2018
A coalition of business groups is weighing in ahead of a new rule on joint employment expected to be issued later this year by the National Labor Relations Board.

Supreme Court sides with employers on arbitration class action waivers

06/14/2018
In May, the U.S. Supreme Court ruled 5-4 that employers may include language in arbitration agreements that bars employees from filing class-action lawsuits to resolve employment disputes. It’s a huge win for employers.

Employment law update: FMLA & ADA, FLSA & higher education

06/14/2018
Here are  updates on the interaction between the FMLA and the ADA, and on the U. S. Department of Labor’s new guidance on the FLSA and higher educational institutions.

Department of Labor opinion letters are back

06/14/2018
As part of fulfilling its mission to enforce the Fair Labor Standards Act, the FMLA and other laws—and in recognition of their complexity—the DOL allows employers to ask specific questions about how to comply.