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
You may have heard that the concept of joint employment is getting its share of recent attention. First, the NLRB got involved, with its decision in Browning-Ferris industries, which we wrote about here. OSHA and the EEOC have been poking around in the area, too. Now, it appears to be the Department of Labor’s turn. Read More
Last month, on Labor Day, President Obama signed an Executive Order establishing paid sick leave for federal contractors. The Executive Order will apply to employees working on federal government contracts that are solicited or awarded on or after January 1, 2017.
Over the last several years, there has been quite a push to broaden who is considered an employee – as well as who is considered an employer – under relevant federal (and even state) laws. For instance, the Department of Labor has stepped up its efforts in singling out employers who misclassify workers as independent contractors. Their recent memo on this subject – which we wrote about here – is the most recent evidence of that. The National Labor Relations Board has also been active in this general area, issuing complaints against McDonalds arguing that a number of its franchisors have as much control over employees as the franchisees do, and therefore are just as legally responsible for ensuring compliance with certain employment laws. These arguments have been advanced by more than just government agencies, however. They have been made by private plaintiffs under anti-discrimination law, too.
With the arrival of summer, many companies are hiring college and high school students to work as interns during summer break. Often, employers do not pay interns at all, or only pay them a stipend or other amount which is lower than the minimum wage. From an employer’s perspective, it may make good business sense not to pay the intern since they usually are not providing the same experience, skill, and expertise which regular employees provide. In addition, usually the practical experience, relationship building, and resume-padding are more valuable to the intern than any compensation. Read More
On March 25, 2015, the Supreme Court of the United States issued its long-awaited decision in Young v. United Parcel Service, Inc., which interprets the federal Pregnancy Discrimination Act (“PDA”). All employers need to be up to speed on the implications of this opinion.
As we have highlighted previously on this blog, employers have faced an onslaught of wage-and-hour litigation in recent years. Many of those cases have been filed as class or collective actions on behalf of hundreds and even thousands of plaintiff-employees. Most of these cases allege that employees have not been compensated for overtime hours worked as required by the Fair Labor Standards Act (“FLSA”).
Most West Virginia employers must comply with two wage and hour laws: the federal Fair Labor Standards Act (“FLSA”) and the West Virginia Wage Payment and Collection Act (“WPCA”). Both laws restrict the ability of employers to make deductions from employees’ wages. Read More
The practice of allowing employees to work from home – telecommuting – is a growing trend. After all, today’s technology allows employees to work from almost anywhere, and telecommuting can be beneficial for both employers and employees. For employers, telecommunicating can be a less expensive alternative to traditional brick and mortar locations. Employees like telecommuting because of the flexibility it provides.
The West Virginia Legislature’s 2014 regular session concluded last month. Like in many states, the West Virginia Legislature passed a bill to increase the state minimum wage this year. In addition, following the lead of several other state legislatures, the West Virginia Legislature also passed a bill relating to pregnant employees. Both laws have significant implications for West Virginia employers. Read More