
Wednesday, June 27, 2018
A BREAK IN THE DAM: U.S. SUPREME COURT RULES PUBLIC UNIONS MAY NO LONGER COMPEL PAYMENTS FROM NON-MEMBERS

Labels:
Archives,
Labor Law,
Supreme Court,
Unions
Tuesday, June 26, 2018
Class Action Tolling in the Wake of China Agritech—The Good and the Bad for Employers
Earlier this
month, the U.S. Supreme Court addressed whether, after denial of class
certification, a putative class member can file a new class action after the applicable
statute of limitations has expired, as opposed to joining an existing case or
pursuing an individual lawsuit. The Court held, in China Agritech, that this is not
allowed, creating potentially significant ramifications for employers. Had the
Court ruled the other way, claimants who were unsuccessful in obtaining class
certification might have had the ability to perpetually file new class actions,
one after the other, in a never ending effort to obtain class certification.
Labels:
Archives,
Class Action,
Class Certification
Wednesday, June 6, 2018
NLRB Chair Confirms Board Will Do Rare Rulemaking on Joint Employer Standard
The Chair of the National Labor Relations Board
(NLRB), John Ring, confirmed on June 5 that the NLRB will engage in formal “notice-and-comment” rulemaking on the subject of joint
employers, about which we have written many times (1, 2, 3, 4, 5). Ring’s announcement was made in a letter to three Democratic
senators who had written to him expressing concern that the NLRB was
contemplating formal rulemaking on the joint employer issue. Such rulemaking is
rare for the NLRB. “Candor requires me to inform you,” wrote Ring, “that the
NLRB is no longer merely considering joint-employer rulemaking. A majority of the Board is
committed to engage in rulemaking, and the NLRB will do so. Internal
preparations are underway, and we are working toward issuance of a Notice of
Proposed Rulemaking (NPRM) as soon as possible, but certainly by this summer.”
Confirmation of the plan for formal rulemaking
should come as welcome news to employers across the country, many of whom have
watched with increasing dismay as the NLRB has issued a variety of shifting joint
employer rulings. The NLRB’s joint employer standard addresses the conditions
under which two companies may be found jointly responsible for unfair labor
practices, union organizing and other collective bargaining matters.
Labels:
Archives,
Joint Employer,
Labor Law,
NLRB
Friday, June 1, 2018
EEOC Issues New Publications Regarding Mental Health Conditions in the Workplace

Recently, the Equal Opportunity Commission (EEOC) issued two new
publications relating to mental health conditions under the ADA. The
publications are set up in a question and answer format. The first publication
is aimed at employees and is titled “Depression, PTSD, & Other Mental Health
Conditions in the Workplace: Your Legal Rights.” While aimed at employees,
employers will find the publication helpful as a general overview of the ADA issues
involved. In addition, employers may
find the publication to be a helpful tool when needing to talk with employees
about potential accommodation issues.
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