Articles and Blogs

Overruling a precedent established in 2004, the National Labor Relations Board (“NLRB”) has ruled that workers supplied by temporary employment staffing agencies to other employers may be included in a bargaining unit with the employees who are employed only by the other employer.  Until this ruling, a union’s representation of the employees of the... READ MORE

On May 17, 2016, the U.S. Department of Labor (“DOL”) announced the details of its final rule under the Fair Labor Standards Act, establishing new salary thresholds for millions of traditionally exempt white collar employees. These changes will significantly impact many employers’ budgets in coming months, although not by as much or as soon as... READ MORE

Back in April, Hall Render reported that the U.S. Department of Labor (“DOL”) published its so-called “Persuader Rule.” The DOL’s new rule has generated a heated outcry from employer groups and attorneys. Litigation followed and, on June 27, 2016, a federal district court in Texas issued a temporary nationwide injunction, preventing the DOL from enforcing the... READ MORE

For nearly 68 years, the general understanding was that in collective bargaining, both sides have access to weapons in the game of economic warfare. Unions and employees have the right to strike, and employers have the right keep the doors open by replacing the striking employees – either temporarily or permanently. There were exceptions of course. Unions... READ MORE

On May 17, 2016, the U.S. Department of Labor (“DOL”) announced the details of its final rule under the Fair Labor Standards Act, establishing new salary thresholds for millions of traditionally exempt white collar employees. These changes will significantly impact many employers’ budgets in coming months, although not by as much or as soon as... READ MORE

On May 3, 2016, an administrative law judge struck down an employer’s computer use policy as violating employees’ rights to engage in concerted activity. (CAESARS ENTERTAINMENT CORPORATION d/b/a RIO ALL-SUITES HOTEL AND CASINO and INTERNATIONAL UNION OF PAINTERS AND ALLIED TRADES, DISTRICT COUNCIL 15). This decision comes shortly after the National Labor Relations Board (“NLRB”)... READ MORE

The U.S. Equal Employment Opportunity Commission (“EEOC”) recently published resource documents on two hot topics in the labor and employment world: bathroom access for transgender employees and leaves of absence for disabled workers. The EEOC notes that its resource documents do not create new policy, are not voted on by the Commission and are... READ MORE

On April 5, 2016, a district court in Massachusetts dismissed a Title VII case against a hospital where the employee was terminated for refusing vaccinations on religious grounds. Robinson v. Children’s Hospital Boston, 2016 WL 1337255. While this order is not binding precedent, we wanted to report on this case because vaccination refusal is... READ MORE

In a continuation of legal challenges to seemingly appropriate employer conduct rules, the National Labor Relations Board (“NLRB”), on April 13, 2016, issued another decision that will make employers even more nervous about the legality of their rules that are intended to assure “harmonious interactions and relationships.” Indeed, the NLRB in a 2-to-1 decision,... READ MORE

On Friday, March 18, 2016, CMS released a memo entitled “Payroll-Based Journal (PBJ) – Implementation of required electronic submission of Staffing Data for Long Term Care (LTC) Facilities.” The memo reminds LTC providers that the mandatory PBJ submission period begins July 1, 2016. The memo also contains information on how to register for PBJ reporting and... READ MORE