Labor Relations / Unions

Court: State and federal law are not mutually exclusive

08/09/2017

The 8th Circuit Court of Appeals, which has jurisdiction over Minnesota employers, has revived a lawsuit against a union for allegedly violating a state disability discrimination law.

EEOC/OFCCP merger unites employment community–in opposition

08/02/2017

Creating a rare moment of unity, the Trump administration has offered a proposal on which virtually the entire employment community agrees. It wants to merge the EEOC and the Department of Labor’s Office of Federal Contract Compliance Programs. Almost everyone thinks this marriage is a bad idea.

DOL announces initiative to combat visa fraud

08/02/2017

Following a review of existing worker visa programs, Labor Secretary Alex Acosta has announced a push to combat visa fraud. He said the effort was intended to “increase protections of American workers,” while confronting employers that engage in visa fraud and abuse.

House bill introduced to clarify joint-employer relationships

08/01/2017

The contentious issue of joint employment—in which two or more entities may be considered equally liable for employment law and labor law violations—will gain some clarity if bipartisan legislation introduced in the House of Representatives July 27 is enacted.

Trump administration signals HR-related rulemaking priorities

07/25/2017

The Trump administration issued its first semiannual regulatory agenda on July 20, listing hundreds of issues it would seek to address using the executive branch’s rulemaking authority.

Employees can almost always wear union logos

07/21/2017

The National Labor Relations Act provides powerful support for employees who want to join a labor union. It generally permits employees to wear a union logo on their clothing at work. Punishing employees for doing so will often result in the filing of unfair labor practices charges.

U.S. Supreme Court concludes term light on employment law

07/19/2017

The U.S. Supreme Court term that ended in June was most defined by the addition of new Associate Justice Neil Gorsuch in April. The High Court had been operating short-handed since February 2016, when Justice Antonin Scalia died. Few of the cases decided affected employment law.

Out-of-state employers can be liable under NYHRL

07/19/2017

Out-of-state entities with the power to dictate a New York employer’s hiring and retention policies take notice: You can be subject to liability under the New York Human Rights Law if you “aid and abet” discrimination against individuals who have a prior criminal conviction, even if you are not the direct employer of those individuals.

Stanton to be tapped to head Labor Department’s Wage & Hour Division

07/17/2017

President Trump is expected to nominate Cheryl Stanton to serve as administrator of the Department of Labor’s Wage and Hour Division.

House bill would cut DOL budget 11%