McDonald’s VS. SEIU

Speaking of the joint employer rule and NLRB, the heavyweight battle between the Golden Arches and Service Employees International Union (SEIU), the money and force behind the Fight for $15 and other worker advocacy initiatives, is just getting bigger and broader. McDonalds Corporation last week retained management-side law firm giants Littler Mendelson and Morgan Lewis…

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Two Prong Push for Joint Employer Fix

Congress is pushing for a final resolution to the joint employer issue on both the regulatory and legislative fronts. First off this week, both Senate Subcommittee on Employment and Workplace Safety Chairman Johnny Isakson (R-GA) and his House counterpart, Subcommittee on Workforce Protections Chairman Bradley Byrne (R-AL) sent letters asking all House and Senate members to…

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Janus Decision Hitting Public Employee Unions Hard

Public employee unions around the country must now comply with SCOTUS’ Janus decision, prohibiting the collection of “fair share” fees from employees that choose not to belong to the union. In direct response, some of the larger public unions in the nation are losing big money causing the unions to rethink their priorities. A couple…

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After Janus, Union Withdraws Right to Work Challenge

The recent decision by SCOTUS in the Janus case, where the court ruled that public employees could not be forced to pay fair share fees to public employee unions is already having an impact on private sector unions. In Idaho last week, the International Union of Operating Engineers (IUOE) asked the US Court of Appeals…

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As I Say, Not As I Do

Union supporter and candidate in the democratic primary for Congress from the 27th District in Florida, David Richardson hopes to replace retiring republican Congresswoman Ileana Ros-Lehtinen and has pointed to his strong support for unionization as one tenet of his campaign. In fact, Richardson promises that if elected, he will “oppose efforts that are anti-union…

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Another Micro-Union

NLRB Region 10 Director John Doyle ordered a union election for a sub-group of employees at the Boeing Company, despite a December decision by the full National Labor Relations Board that narrowed the circumstances under which micro-units could be created. This case involves approximately 180 flight readiness technicians and inspectors seeking to organize as a…

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Return of the Micro-Union

They were thought to be a thing of the past once the NLRB overturned its own 2011 Specialty Hardware decision back in December, but now micro-unions seem to be back in play. A decision by an NLRB regional office allowed a subgroup of about 100 welders within an aircraft engine manufacturing company was allowed to…

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Sanders Targets Right to Work Laws

US Senator and former presidential candidate Bernie Sanders (I-VT) seized upon the aforementioned California court decision in Dynamex (above) and filed legislation this week in Congress that would adopt the three-factor “ABC” classification on the national level. Perhaps more importantly however, the bill the Senator is calling the Workplace Democracy Act would nullify state right-to-work…

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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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Misclassifying Employees Can Be a Costly Mistake

In this day and age, most employers have considered the possibility of wage-hour liability. Savvy employers understand that wage-hour liability comes in many different forms, and two of the most talked about have been “misclassification” and unpaid overtime. Misclassification can occur in one of two ways: either the employer classifies a worker as an independent…

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