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SENATE COMMITTEE AND CONGRESS TRYING TO BLOCK NEW NLRB QUICKIE ELECTION RULE

| April 2015
Employers may be lulled to a false sense of security by reading about legislative and judicial efforts to block the NLRB quickie election rule that goes into effect April 14, 2015. The effect of the new "quickie" or "ambush" election rules are to shorten the time frame from the union’s request of an election to the election date itself, from approxi...
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STRATEGIC RESPONSE PLAN TO AMBUSH UNION ELECTIONS

| April 2015
Since the effect of the new National Labor Relations Board (NLRB) "quickie" election rules is to deprive an employer of valuable time to address issues, it is critical for employers to do pre-planning steps to take in advance of union organizing, as well as steps to take at the onset of union organizing. Failure to take such steps could result in a situat...
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SUPREME COURT SAYS JURY ISSUE CREATED WHEN EMPLOYER FAILS TO PROVIDE LIGHT DUTY TO PREGNANT WORKERS

| May 2015
Employers may be required to provide light duty to pregnant workers because of the U.S. Supreme Court decision in Young v. United Parcel Service, Inc., No. 12-1226. In the course of her duties as a driver, the plaintiff regularly lifted and moved packages weighing over 20 pounds and up to 70 pounds. She became pregnant and her healthcare providers recomme...
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HOW DOL WAGE-HOUR INTENDS TO ALLOCATE ITS ENFORCEMENT EFFORTS

| June 2015
The Wage and Hour Division of the U.S. Department of Labor must allocate its resources just like other organizations. For many years, it has tried to focus on industries where it believes there is systematic or prevalent problems, and also those industries in which the employees are least likely to complain because of their vulnerability. One casualty is ...
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BROAD COMPANY POLICIES CAN CREATE BIG PROBLEMS, WHETHER IN HANDBOOKS OR NOT

| June 2015
Several recent cases dramatically illustrate the need for careful company drafting of its employment policies, even though some are not related to employee handbooks. Almost every employer, for legal reasons or otherwise, has posted policies dealing with workplace harassment and leave policies under the Family and Medical Leave Act (FMLA). In a recent cas...
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NLRB RESPONDS TO RIGHT-TO-WORK LEGISLATION

| June 2015
In a little-noticed NLRB announcement during April, the Labor Board is seeking input on a union fund raising initiative that has long been deemed illegal under federal labor law, at least since 1947. Unions are arguing that they should be allowed to charge non-members fees for handling grievances involving their employer, even though the union is represen...
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PRESIDENT OBAMA SAYS NEW WISCONSIN RIGHT-TO-WORK LAW WILL HURT WORKERS

| June 2015
On March 9, 2015, Gov. Scott Walker signed legislation making Wisconsin the 25th right-to-work state, saying the new law demonstrates that his state is "open for business." Wisconsin joined two other states in enacting a right-to-work law, Indiana and Michigan, as each passed such laws during 2012. Similar bills were introduced in some 20 states last year...
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EFFECT OF OBAMA VETO OF CONGRESSIONAL OVERTURN OF QUICKIE ELECTION RULE

| June 2015
During March, for only the second time in history, both Houses of Congress approved a resolution under the Congressional Review Act disapproving the controversial "quickie" or "ambush" union election rule. The Senate adopted the disapproval resolution of the NLRB action on March 4 by vote of 53-46, and the House passed an additional measure on March 19 by...
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RELIGIOUS ACCOMMODATIONS

| July 2015
In June, a reasonable accommodation issue arose in the religious context in EEOC v. Abercrombie & Fitch Stores, Inc., 2015 WL 2464053 (June 1, 2015). The Court addressed the interesting question whether the prohibition of refusing to hire an applicant in order to avoid accommodating a religious practice applies only where an applicant has informed the...
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OSHA TAKES CONTROVERSIAL POSITIONS ON TOILET ISSUES AT WORK

| July 2015
Many employers may not realize that the Occupational Safety and Health Administration (OSHA) regulates in some ways the use of toilet facilities at work. There are at least three important issues, the number of toilets, access to toilets, and now, the even more controversial issue of transgender bathroom access. There are OSHA general industry requiremen...
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SUPREME COURT TO EXAMINE PROPRIETY OF CERTIFICATION OF BROAD CLASS/COLLECTIVE ACTIONS DETERMINING BROAD BACK PAY REMEDIES IN WAGE/HOUR CASES

| July 2015
In a case in which Wimberly & Lawson filed an amicus brief on behalf of the National Chicken Council, the U.S. Supreme Court has granted certiorari and will rule on a case involving the propriety of broad class/collective actions in wage/hour cases where broad back pay remedies are sought. Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146. On Monday, June ...
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