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Archive for the ‘Labor Law – Union Representation’ Category

NLRB Targets Key Election Policies in Proposed Rulemaking

August 12th, 2019

By Joseph D. Richardson The National Labor Relations Board (NLRB) announced on August 9, 2019 a plan to significantly change three aspects of the Board’s election rules. This process will officially begin on Monday, August 12, 2019, when the agency’s Notice of Proposed Rulemaking  is to be published in the Federal Register. Under what is…

The Protections of the Philadelphia Fair Workweek Employment Ordinance

August 5th, 2019

By Jessica Brown Philadelphia has taken a big step forward in improving the lives of many retail, food, and hospitality workers in the city. Beginning on January 1, 2020, covered employers will be required to provide employees with the following: Advance notice of their work schedules; “Predictability pay” where there is a deviation from the…

Uber Drivers Not Employees, NLRB General Counsel Concludes

May 22nd, 2019

By Joseph Richardson In a decision made public on May 14, 2019, the National Labor Relations Board (NLRB) General Counsel Peter Robb’s Division of Advice concluded that UberX and UberBlack drivers who drove for the company in 2015 and 2016 were independent contractors, not “employees” as that term is defined under the National Labor Relations…

West Virginia Right-to-Work Makes its Way to the State Supreme Court

April 24th, 2019

By James R. Glowacki West Virginia’s right-to-work law may be heading for oral argument after the state’s Supreme Court issued an order granting a motion to stay the decision of a circuit court, which struck down key provisions of the law as arbitrary. On March 29, 2019, the West Virginia Supreme Court of Appeals granted…

The Pennsylvania Commonwealth Court Protects the Rights of Volunteer Firefighters (With Some Help from Willig, Williams & Davidson)

April 10th, 2019

By Michael Dryden On March 22, 2019, the Pennsylvania Commonwealth Court issued a decision in Bristol Borough v. WCAB (Burnett) regarding the burden of proof for volunteer firefighters in cancer claims under the Pennsylvania Workers’ Compensation Act. This decision is a tremendous win for volunteer firefighters in the Commonwealth of Pennsylvania. In the Burnett case,…

The NLRB Weighs in on Union Obligations to Dues Objectors

March 20th, 2019

Lobbying is out, trust but verify, and stand by for more changes. By Joseph D. Richardson If you work for or belong to a union, you are probably familiar with the concept of “fair share” fees and non-member objectors under Communication Workers of America v. Beck, a Supreme Court decision from 1988. The basic rule…

NLRB General Counsel Set to Shelve More Retaliation Claims While Grievances Pending

January 30th, 2019

By Joseph D. Richardson If you represent private-sector employees, you have probably encountered the National Labor Relations Board’s (NLRB) Collyer deferral policy—you file an unfair labor practice charge on an issue that is or could be covered by a collective-bargaining agreement, the NLRB Regional Office (Region) ensures that the employer will process a grievance over…

The New ACA ‘Decision’ by Judge Reed O’Connor: What You Need to Know Now

January 3rd, 2019

By: Louise F. Pongracz On December 14, 2018, Federal District Judge Reed O’Connor (in the Northern District Court of Texas) issued an order on a challenge to the Affordable Care Act (“ACA”) brought by 20 Republican state attorneys general and two individuals.  These Plaintiffs claimed that because Congress, in the Tax Cuts and Jobs Acts (“TCJA”),…

Third Circuit Rejects Employer Attempt to Shift Withdrawal Liability to Teamsters Union

December 13th, 2018

By: James Beall & James Glowacki The Multiemployer Pension Plan Amendments Act of 1980 (MPPAA) imposes an exit charge on employers that stop participating in multiemployer-union defined benefit plans. The exit charge approximates the withdrawing employer’s share of the plan’s total unfunded vested benefits owed to participants, but not yet covered by existing plan assets….

The New Jersey Paid Sick Leave Act

November 8th, 2018

By: Alaine S. Williams One of the first pieces of legislation signed into law by Governor Murphy of New Jersey in 2018 is a law requiring employers to provide both full-time and part-time employees 40 hours of paid sick leave each benefit year. The New Jersey Paid Sick Leave Act (Act), which went into effect…

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