Labor & Employment Law Update

For more than 75 years, employers have had broad access to a powerful weapon to counterbalance a union’s ability to engage in an economic strike: the right to permanently replace those economic strikers. On May 31, however, the National Labor Relations Board (NLRB) replaced that powerful weapon with a water gun. In a 2-1 decision, the NLRB held that despite the economic nature of a strike, an employer violated the National Labor Relations Act (NLRA) by permanently replacing strikers because the employer was motivated by “a purpose prohibited by the Act.” American Baptist ...

City of Chicago Approves Paid Sick Time

On June 21, 2016, we posted a blog on the City of Chicago’s proposed ordinance mandating paid sick leave, including details about who it covers and how it could impact business owners.

On Wednesday, June 22^nd, the full City council passed the ordinance. Effective July 1, 2017, part time and full time employees in Chicago will accrue 1 hour of sick leave for every 40 hours they work – with a cap of 5 days paid leave per 12 month period.

Employers can utilize their existing paid time off policies if they are more generous than the Chicago ordinance; ...

A Texas federal judge today, June 27, 2016, entered a nationwide injunction barring the U.S. Department of Labor from enforcing its Persuader Rule. HOWEVER, because nothing is certain, Amundsen Davis encourages all employers to speak with its outside counsel on securing Legal Representation Agreements before July, 1st to help combat and further protect its long term interests as explained in our June 24, 2016 Blog Update.

On July 1 (one week from today), the U.S. Department of Labor’s Persuader Rule goes into effect.  The rule requires employers and labor consultants (including attorneys) to publicly report all actions, conduct, or communications that have a direct or indirect objective to persuade employees regarding their rights to collective bargaining, to obtain certain information concerning employee activities, or to persuade employees as to their rights to join or not join a union – which can include mere advice and counsel from attorneys (e.g., supervisor training, handbook ...

On June 17, 2016, the City of Chicago took one step closer into joining the ranks of requiring employers to give paid sick leave to their employees when the City Council’s Committee on Workforce Development and Audit unanimously voted on the Ordinance to do just that. If passed, Chicago will join 26 other cities (such as New York City, NY, Newark, NJ, and Philadelphia, PA), along with Washington, DC and five states (California, Connecticut, Massachusetts, Oregon and Vermont), who have also passed similar mandated paid sick leave for workers.

The Ordinance as currently proposed will ...

On March 24, 2016, we reported on a U.S. Supreme Court’s decision involving litigation by workers at meat-processing facilities who alleged they were entitled to overtime pay and damages because they were not paid for time spent “donning and doffing” protective gear. A critical issue in that case was the plaintiff’s use of statistical data to prove their claim, which the Supreme Court found appropriate, and which ultimately resulted in a $5.8 million judgment.

Shortly after that Supreme Court’s decision, the Tenth Circuit issued a ruling on yet another “donning and ...