Court Upholds Salary History Ban in Philadelphia

A ban on salary history inquiries by employers in the city of Brotherly Love was upheld by a federal court some three years after the challenge was filed by the Greater Philadelphia Chamber of Commerce. The U.S. Court of Appeals for the Third Circuit last week vacated a preliminary injunction that had been granted on…

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In Joint Employer Battle: Round 2 Goes to McDonald’s

On Tuesday of this week, a federal appeals court gave McDonald’s Corporation a significant victory on the question of joint employment status. The US Court of Appeals for the 9th Circuit found in Salazar v. McDonalds that the company was not a joint employer in that it did not exert enough control over employees at…

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Pins are in at In-N-Out Burger

Appeals Court protects employees’ right to wear buttons advocating higher wages While employers may require employees to wear a uniform at work, under the National Labor Relations Act (NLRA) employees have the right to wear union buttons and insignia while working. Those conflicting rights have created fights over what a company may require and what…

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Appeals Court Upholds Pro-Union Pins on QSR Uniforms

The US 5th Circuit Court of Appeals has upheld an NLRB ruling that allowed QSR employees to wear pro-union pins and buttons on company uniforms during working hours. The case stems from an In-N-Out Burger policy that prohibited employees from wearing any pins or buttons on their work uniforms. Two employees of an In-N-Out store…

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Court OKs NLRB Standard

The D.C. Court of Appeals upheld Friday the National Labor Relations Board’s Specialty Healthcare ruling, which made it easier for unions to form smaller collective bargaining units. The 2011 decision by the NLRB opened the union organizing flood gates in many ways and gave birth to the notion of micro-unions. The new standard established by…

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And Another Decision Overturned

It would seem that getting the full complement of NLRB Members in place and ridding it of Obama overreach may lighten the workload for the federal court system quite a bit. The U.S. Court of Appeals for the DC Circuit earlier this week overturned another NLRB decision that came out of Portland, Oregon. The management…

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Wisconsin Right To Work Upheld by Court

Right to Work advocates around the country got another win yesterday when the 7th US Circuit Court of Appeal in Chicago upheld the Wisconsin right to work law. The ruling came in a challenge to the law brought by two local affiliates of the International Union of Operating Engineers (IUOE) against the Wisconsin law. The…

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Playing ‘Til The Whistle

As we enter the NFL Conference Championship weekend, we can fully understand “playing ‘til the whistle”, but relating that notion to the remnants of the Obama labor legacy is something different at this address. Notwithstanding, that seems to be precisely what the outgoing Department of Labor is doing as relates its permanently enjoined “Persuader Rule”…

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DOL Wins Expedited Ruling on Overtime

Last week, the Department of Labor (DOL) made good on its promise to appeal the federal court decision that overturned its overtime regulation and then went one better – asking the court to expedite the hearing on its appeal.  Formally, the department asked that the court order the appeal fully briefed by February 7, which…

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Joint-Employer In Appeals Court

Although states continue efforts to insulate themselves from the new definition of joint-employer, dictated by the National Labor Relations Board last year, the BFI appeal is still slowly winding its way through the federal court system.  This past Tuesday, the defendant in the original NLRB case, Browning-Ferris Industries filed a brief with the US Court…

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