Monday, October 22, 2018

What’s the Latest on Joint Employer Liability? The NLRB Issues a Proposed Rule That Would Return to a Narrower Standard

Joint employer liability under the National Labor Relations Act (NLRA) has been a hot topic in recent years, because the NLRA standard has been in flux and joint employer status can be a significant issue for employers. For example, under the NLRA, a joint employer may be required to bargain with a union representing jointly employed workers. In addition, a joint employer can be subject to joint and several liability for an unfair labor practice by the other joint employer and can face labor picketing that would otherwise be unlawful.

Friday, October 12, 2018

A Refresher on Employee Voting Rights

With the midterm elections less than a month away, it is a good time for employers to refresh on the laws related to employee voting leave. In these contentious political times, employers may see an uptick in employee voting absences on Election Day and preparing in advance can minimize business disruptions.

Many states have laws that entitle employees to take reasonable time off on election days to vote. For example, employees in Minnesota have a right to paid time off to vote. On election day, every Minnesota employee that is eligible to vote may be “absent from work for the time necessary to appear at the employee’s polling place, cast a ballot, and return to work.” Minnesota employers may not penalize the employee for taking the voting time off and may not deduct from the employee’s salary or wages for the absence. Further, an employer may not directly or indirectly “refuse, abridge, or interfere,” with the employee’s right to time off to vote or any other election right. To do so is a misdemeanor.