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Unanimous NLRB holds arbitration agreement interfered with employees’ right to file Board charges

June 21st, 2019

By Ronald Miller, J.D.
In view of the congressional command that the Board’s power to prevent unfair labor practices shall not be affected by other means of adjustment that may be established by agreement or law, the Board held the FAA does not authorize agreements that interfere with an employee’s right to file Board charges.
Under the [Read more...]

Group home violated FLSA by not compensating employees for their sleep time

June 21st, 2019

By Ronald Miller, J.D.
Long-term staff who were not paid for 56 hours of sleep time under an employer’s sleep-time policy were entitled to compensation for that time where the employer failed to meet the “conditions” to carve worksite sleep out of an employee’s hours worked.
A group home operator unlawfully failed to pay its long-term staff [Read more...]

Employer need not give union notice, opportunity to bargain over discharges

June 20th, 2019

By Ronald Miller, J.D.
Because a union did not request post-discharge bargaining over four employees discharged after a union election but before the union was certified, the employer neither incurred a duty to bargain nor refused to bargain, where it had made no changes to disciplinary standards.
An employer did not violate NLRA Section 8(a)(5) and (1) [Read more...]

NLRB looks to exterminate ‘Scabby the rat’

June 20th, 2019

By Lisa Milam, J.D.
An NLRB regional director has gone on the offensive to trap “Scabby the rat,” seeking a TRO to bar a union from hoisting the giant inflatable to signal a dispute with an employer.
“Scabby the Rat,” a giant inflatable rodent used by unions when protesting a targeted employer’s labor practices, may soon be [Read more...]

Justices will not review award of retroactive back pay to EEOC under ADEA

June 20th, 2019

By Joy P. Waltemath, J.D.
The Court let stand a decision by the Fourth Circuit that held that the retroactive back pay sought by the EEOC was a mandatory legal remedy upon a finding of liability.
On June 17, the Supreme Court denied review of a Fourth Circuit decision that allowed the EEOC to obtain an award [Read more...]