On August 31, 2016, I reported on a case before the Idaho Federal District Court, in which the International Union of Operating Engineers attacked Idaho’s right to work law on 5th Amendment “takings” and preemption grounds. Late last month, U.S. District Judge Howard J. Lodge ruled that the National Labor Relations Act does not preempt Idaho’s right to work law and that there was no unlawful taking of union dues by forcing unions to represent workers who don’t pay union dues.
Last week, on November 22, 2016, the federal Eastern District Court of Texas temporarily enjoined the Department of Labor from implementing its changes to the salary requirements for white collar exemptions. The regulations, as described in my May 18, 2016 blawg article, were to be effective on December 1, 2016 and raised the salary requirement for exemption from $455 per week to $913 per week.
The injunction temporarily delays the implementation of the new rules until the injunction is overturned or upheld on appeal.
On September 14, 2016, Eleanor Norton (D.C. Representative) introduced H.R. 6030 to the House of Representatives, and that bill was referred to the Committee on Education and the Workforce. The bill would amend the Fair Labor Standards Act (“FLSA”) by adding the following new Section 8:
Sec. 8. Requirements and prohibitions relating to wage, salary and benefit history
It shall be an unlawful practice for an employer to—
(1) screen prospective employees based on their previous wages or salary histories,
A big labor case filed in Idaho’s federal district court continues to progress. The case, entitled International Union of Operating Engineers Local 370 v. Wasden, Case No. 4:15-cv-00500, was filed on October 22, 2015. The complaint alleges that Idaho’s Right to Work (“RTW”) statute is unconstitutional based upon the 5th Amendment prohibition against takings of private property for public use without paying just compensation. The union’s theory is that because they have an obligation to bargain on behalf of ALL workers in a unit and Idaho’s RTW law allows workers to decide whether to join the representing union and pay dues,
As of yesterday, August 1, 2016, the Department of Labor requires employers to display new versions of its Fair Labor Standards Act and its Employee Polygraph Protection Act posters. You will have to print them yourselves as they are not yet available to order. Links to both printable posters are below. Please let me know if you have any questions or concerns.
On May 17, 2015, the Equal Employment Opportunity Commission issued its final rules on Wellness Program compliance with the Genetic Information Nondisclosure Act (“GINA“) and the Americans with Disabilities Act and its amendments (“ADA“).
Among the provisions, beginning on January 1, 2017, businesses that maintain a wellness program and collect employee health information must post a notice that is required to:
- be written in a manner reasonably likely to be understood by the employee,
This morning, the Department of Labor released its final rule regarding the White Collar Exemptions. I am still working through the over 500 page document but post now to share a few of the most important details.
The new rule is expected to affect over 4 million workers in the United States, who will now be eligible for overtime unless their compensation is restructured. The rule goes into effect on December 1,
After passing the Senate (87-0) and the House (410-2), the bill known as Defend Trade Secrets Act of 2016 (“DTSA”) is off to President Obama for signature. Every indicator signals the President’s approval of this proposed law. The DTSA would amend the federal criminal code to create a private civil cause of action for trade secret misappropriation. The bill expresses the sense of Congress that: (1) trade secret theft occurs in the United States and around the world,
Today, President Obama nominated Merrick B. Garland as his choice to fill the U.S. Supreme Court vacancy left by the recent death of Justice Antonin Scalia. Chief Judge Garland was appointed to the U.S. Court of Appeals for the District of Columbia by President Clinton in 1997 and became Chief Judge on February 12, 2013. He received wide, bipartisan support for his nomination to the U.S. Court of Appeals. Seven of the Republican Senators who voted for his 1997 nomination still serve in the U.S.
On March 3, 2016, in Dish Network, LLC, 363 NLRB No. 141, the National Labor Relations Board (“NLRB”) struck down Dish Network’s policy prohibiting certain solicitation and distribution of literature in the workplace. The policy in question read:
In the interest of maintaining a proper business environment and preventing interference with work and inconvenience to others, employees … may not distribute literature … of a personal nature by any means,