By Nelson Cary on Posted in Independent Contractors,NLRBLast month, the NLRB General Counsel issued an advice memorandum concluding that Uber drivers are independent contractors. The GC applied the recent NLRB decision in Super Shuttle, which clarified the test applied under the NLRA to determine “employee” status. In the process, it overturned an Obama Board precedent that the NLRB majority held was incorrectly… Continue Reading
By Nelson Cary on Posted in Department of Labor,NLRB,Union OrganizingWhat a last couple of weeks on the labor law front. Here is a quick round up of significant developments, just to make sure you are caught up: Puzder Out, Acosta Up Next President Trump’s first DOL secretary nominee, Andrew Puzder, withdrew himself from contention earlier this week. Press reports suggest that there was insufficient support… Continue Reading
By Nelson Cary on Posted in Independent ContractorsI recently wrote about how the NLRB has made it easier to establish employee status and correspondingly more difficult to establish independent contractor status. In a recent publication, two of my partners outline some pros and cons of using independent contractors. While they focus specifically on the oil and gas industry, their observations are readily applicable to… Continue Reading
By Nelson Cary on Posted in NLRBEmployees sometimes get upset at work. Employers and managers sometimes do things that can cause that upset. But many employers, and I suspect many employees, believe there is a line that cannot be crossed in expressing the dismay about an employer’s action(s). There is, not surprisingly, always debate about where that line should be drawn.… Continue Reading
By Nelson Cary on Posted in NLRBPercolating for the last couple of years has been the question of whether a “savings clause” or a “disclaimer” in an employee handbook or policy manual would be sufficient to protect policies in the handbook from attack under the NLRA. In a significant decision earlier this month, the NLRB has answered that question with a resounding… Continue Reading
By Nelson Cary on Posted in SERBLast week, Ohio’s State Employment Relations Board released its 21st Annual Report on the Cost of Health Insurance in Ohio’s Public Sector (pdf). The Report surveyed public employers in Ohio at all levels of government, including cities, counties, townships, colleges and universities, and school districts, to name just a few of the employer types covered. Over 92%… Continue Reading
By Nelson Cary on Posted in NLRBBy Nelson Cary and Ashley Manfull Employers beware. The NLRB remains very interested in what you say in your employee handbook or other written policies and procedures. Its most recent decision even dipped its toe into the much publicized social media world, but didn’t directly confront a “social media policy” of the type the AGC has issued… Continue Reading
By Nelson Cary on Posted in NLRBLate in 2010, the Acting General Counsel announced his intent to pursue additional remedies against employers alleged to have violated the NLRA. The recent decision in OS Transport LLC, 358 N.L.R.B. No. 117 (Aug. 31, 2012), is a good example of the NLRB’s acceptance and enforcement of these remedial requests. In OS Transport, the AGC alleged that the… Continue Reading
By Nelson Cary on Posted in NLRB,Union OrganizingToday, the NRLB officially published a Final Rule that requires private-sector employers, both union and non-union, to post a notice in their workplaces notifying employees of their rights under the NLRA. Pursuant to the new rule, employers subject to the NLRA must “post notices to employees, in conspicuous places, informing them of their NLRA rights, together… Continue Reading
By Nelson Cary on Posted in Legislation,SERBToday, the Ohio House Commerce and Labor Committee considered amendments to Senate Bill 5. According to a report in The Columbus Dispatch, some of the changes considered include: Giving public employees the right to refuse to pay "fair share" fees to unions. Making some changes to impasse resolution mechanisms, primarily by providing an option of a public referendum on… Continue Reading
By Nelson Cary on Posted in Legislation,SERBSenate Bill 5, the legislation that would substantially reform the public employee collective bargaining system in Ohio, has passed the Ohio Senate. It now moves on to the Ohio House of Representatives for consideration. The bill that passed in the Senate was significantly different from the bill originally introduced by its sponsor, Senator Shannon Jones… Continue Reading
