Throwing in the Towel?

Just a week or so ago, a Portland Oregon Burgerville became the first fast food restaurant to be unionized when its employees voted 18-4 in an NLRB sanctioned election to unionize and become members of the Portland chapter of the Industrial Workers of the World (IWW). Immediately thereafter, employees of another of the Vancouver, Washington-based…

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New Jersey Does Pay Equity & Sick Leave

In the past two weeks, New Jersey Governor Phil Murphy has signed two bills into law that his predecessor, Republican Chris Christie, had held at bay for years. The Diane B. Allen Equal Pay Act cleared the legislature earlier in April and Murphy, who had campaigned on the issue, made good on his promise to…

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Pushing Paid Sick Leave

In the other Portland – that would be Portland, Maine – city councilors are considering adopting an ordinance that would mandate paid sick leave benefits for workers at the expense of all employers. Under the current draft of the law, all employees – full-time, part-time and seasonal – would have the right to earn up…

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35-Day Wait for Union Elections?

The Obama-era NLRB adopted the so-called “Ambush Election rule” back in December 2014 with the significantly shortened timeframe taking effect on April 14, 2015. The effect of the rule change was significant and among other changes, served to reduce the time frame from the filing of a union representation petition to the holding of the…

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NLRB Funding Fracas

There’s more NLRB intrigue when we talk about funding the agency received in the Omnibus Spending bill signed in late March to keep the government running through the end of the fiscal year. The White House Office of Management and Budget is trying to claw back some of that funding (a $192 million increase over…

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Employment Law Enforcement Office

Believe me when I tell you, nothing good will come out of a proposal in the Chicago Board of Alderman to create a new Office of Labor Standards that would be charged with enforcing minimum wage and paid sick leave laws in the Windy City. Alderman Ameya Pawar is the lead sponsor among 35 others…

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Browning-Ferris Back in Court

The US Circuit Court of Appeals for DC has accepted the Browning-Ferris case for consideration again in the wake of the NLRB vacating its decision in Hy-Brand Industrial Contractors that overturned the new joint employer definition established by the NLRB under President Obama in the Browning-Ferris decision. After the original Hy-Brand decision, the court remanded…

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DOL Clarifies Tip Pooling Rules

The US Department of Labor this week issued Field Assistance Bulletin (FAB) 2018-3 on the impact of the tip pooling provisions contained in the Omnibus Spending Bill signed into law by the President a few weeks ago. The FAB makes clear that employers who pay the full FLSA minimum wage are no longer prohibited from…

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Maryland Passes Tax Credits As Session Ends

The Maryland legislature adjourned the current session on Monday of this week, but not before passing Governor Larry Hogan’s sick leave tax credit program. Governor Hogan vetoed Maryland Healthy Working Families Act (mandated sick leave) passed at the end of last session, but his veto was quickly overridden by the democrat-dominated legislature at the beginning…

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