Recently, the National Labor Relations Board (“NLRB”) approved a Request for Information (“RFI”) to seek public comment on its Final Rule on what was commonly referred to as the “quickie election” rule. With this recent development, employers and unions are anticipating potential modifications to or rescission of the Final Rule based on the RFI. However,...Read More

On May 12, 2016, the Occupational Safety & Health Administration (OSHA) published a final rule regarding reporting injuries and illnesses in the workplace and protecting employees who make those reports.  The new rule expands OSHA’s enforcement powers, requires employers to make disclosures to employees, and requires employers to submit information regarding injuries and illnesses to...Read More

Yesterday evening, May 17, word began to leak that the Department of Labor (DOL) would be releasing its long-anticipated changes to the wage and hour regulations this morning. Sure enough, just a few hours ago, the DOL released its final rule amending the salary requirements for employees eligible for overtime pay. The regulations, sure to be...Read More

By now, we are all aware that the Department of Labor’s Wage and Hour Division has proposed to increase the salary threshold for individuals to be exempt from overtime pay.  We know, through the publishing of the proposed regulations, that the government seeks to increase the salary threshold from $23,660 annually to $50,440 annually.  We...Read More

In a surprise decision, the National Labor Relations Board (“NLRB” or “Board”) has declined to assert jurisdiction over the representation petition filed by the Northwestern University football players. This means that the petition will be dismissed without the Board making a decision on whether or not the scholarship athletes are statutory “employees.” In March of...Read More

According to the NLRB in a decision published last week, an employer unlawfully maintained an unwritten rule that discipline was confidential and prohibited employees from sharing or discussing their discipline with coworkers. Although unwritten, the Board found evidence of its existence in a summary of an employee’s record that referred to the fact that employees...Read More

A recently-released OSHA Interpretive Letter raises concern for non-union workplaces by opining that workers at a non-union facility may designate a union representative as their representative during an OSHA inspection. Currently, in a facility with a union, that union may designate an individual to accompany an OSHA inspector around the facility during an inspection.  As...Read More

In line with its continuous promotion of its social media opinions, the National Labor Relations Board has created a webpage to describe the rights of employees acting together for their mutual aid and protection, even if they are not in a union.   To give employees examples of protected activity, the webpage contains stories of various disputes where...Read More

Yesterday, the National Labor Relations Board announced it is postponing the implementation date for its new notice-posting rule that requires employers to inform employees of their rights under the National Labor Relations Act. The new effective date of the rule is January 31, 2012, a delay in over two months from the original implementation date...Read More