THE PERSUADER RULE UNDER THE TRUMP ADMINISTRATION

The Persuader Rule Under the Trump Administration

This is the first in a series of posts about likely changes in labor and employment law under the new Trump Administration. We can expect that the Trump Administration will seek to undo or overturn a number of labor-friendly initiatives implemented by President Obama. One of the more controversial initiatives of the Obama Administration related to the Department of Labor’s (DOL) so-called Persuader Rule under the Labor-Management Reporting and Disclosure Act (LMRDA). Read More »

EEOC ISSUES ENFORCEMENT GUIDANCE ON RETALIATION

The United States Equal Opportunity Employment Commission (“EEOC”) is the federal agency charged with enforcing federal employment discrimination laws. In recent weeks, the EEOC issued the final version of its long anticipated Enforcement Guidance on Retaliation and Related Issues, (the “Guidance”) which provides loads of helpful information about the elements of proof for retaliation suits filed under EEO laws such as Title VII of the Civil Rights Act of 1964 (“Title VII”), the Age Discrimination in Employment Act (“ADEA”), and Title II of the Americans With Disabilities Act. Employers take note. Read More »

NLRB FINDS CHIPOTLE’S POLICIES UNLAWFUL

The National Labor Relations Board (the “Board”) continues its focus on overly-broad work policies – now in a non-union workplace – with a recent decision against Chipotle Mexican Grill. Although the Board found Chipotle violated the National Labor Relations Act (the “Act”) by (1) maintaining overly-broad social media and work policies, (2) ordering an employee to quit circulating a petition, and (3) firing the employee when he refused to do so, it found the employer did not violate the Act by asking the employee to remove certain tweets from his Twitter account. This case provides additional guidance on what is and is not permissible in work rules, particularly as they apply to social media posts by employees. Read More »

THERE IS A FREE LUNCH

The Fair Labor Standards Act requires that an employee be compensated for all time that he suffers or is permitted to work. The question frequently arises as to when an employee is required to be compensated for times when he is not actually working – i.e., meals/breaks – if there is a restriction placed upon his activities during those times. This question arguably is addressed by the Department of Labor’s regulations which require that the employee be compensated for such periods unless he is completely relieved from all duties. Read More »

ACA § 1557: TO COMPLY OR NOT TO COMPLY; FOR NOW – THERE IS NO QUESTION.

With the recent election, the fate of the ACA is uncertain. However, we can be fairly certain that, whatever the changes may be, it is unlikely that we will return to life as it was prior to the enactment of the ACA on March 23, 2010. What the “new” ACA will look like, we can’t know, so it is important to continue to be compliant with the laws and regulations as they are currently, unless and until those laws and regulations change. Read More »

LISTEN TO THIS: PIONEER PIPE, INC. V. SWAIN REVERSES 30 YEAR OLD RULE OF LAW THAT LIMITED WORKERS’ COMPENSATION CHARGEABILITY ATTACHING TO EMPLOYERS

The claimant worked as a heavy equipment operator for various employers over a thirty-three year period, during which he was routinely exposed to loud noises from the machines he operated and from equipment being used around him. The claimant worked for his last employer for a total of forty hours. After he was subsequently diagnosed with hearing loss directly attributable to industrial noise exposure, the claimant filed a hearing loss claim for worker’s compensation benefits. Read More »

A HIGH PRICE FOR NON-COMPLIANCE: NON-COMPETE/NON-SOLICITATION AGREEMENTS IN PENNSYLVANIA

Non-compete and non-solicitation agreements have become common today for numerous positions at various levels throughout all industries. This is true even though courts look with disfavor on such agreements and seek reasons not to enforce them; viewing such agreements as one-sided, prepared by and favoring employers, and restricting the individual’s ability to work and earn a living. In fact, for such reasons, these agreements are generally unenforceable in California. Thus, when asked to enforce non-compete/non-solicitation agreements, courts examine them to see if the employer has a protectable interest in the matters being restricted and whether the restrictions are narrowly-tailored in terms of both their length and geographic scope. Read More »

APPALACHIAN MOUNTAIN HIGH

Pennsylvania recently enacted a medical marijuana statute. This Act clouds the rights of employers and is another hit to Pennsylvania’s employment-at-will doctrine. Nevertheless, even in Pennsylvania, marijuana remains an illegal substance under the Federal Controlled Substances Act, and employers may continue to enforce their drug-free workplace policies for safety and production reasons, as well as compliance with other contractual or statutory obligations. The new Pennsylvania statute does, however, have implications for employers. Read More »

CHEVY CHASE MADE CHRISTMAS VACATION TIME LOOK EASY

With the holidays fast approaching, many employees will be looking to extend their holidays with use of vacation time. While generally it is good policy to allow employees to use their vacation time as they wish, such usage can present some difficulties for the employer.  For instance, discretionary usage by employees can be especially problematic if the holidays also double as that employer’s busy season. Read More »