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NLRB to reexamine contract bar doctrine

June 30th, 2020

By Wayne D. Garris Jr., J.D.
A poultry plant employee’s bid to oust his current union may topple a longstanding Board precedent that protects unions from being removed by an election for a period after a CBA has been executed.
On June 23, the National Labor Relations Board issued an order granting UFCW Local [Read more...]


New DOL opinion letters discuss wage-hour exemptions, third-party payments

June 29th, 2020

By Pamela Wolf, J.D.
The five new opinion letters bring the total number to 61 issued under the Trump Administration.
In five new opinion letters, Wage and Hour Administrator Cheryl Stanton addresses FLSA issues related to the outside-sales exemption, third-party payments in the context of minimum wage compensation, the administrative exemption, and the [Read more...]


COVID-19 prompts DOL’s WHD to nix liquidated damages as default position in pre-litigation cases

June 29th, 2020

By Pamela Wolf, J.D.
Administrative FLSA investigations involving liquidated damages take 28 percent more time than those involving just back wages, according to the WHD Administrator.
The Department of Labor will “no longer pursue pre-litigation liquidated damages as its default policy from employers in addition to any back wages found due in [Read more...]


Requiring servers to pay into tip pool shared in by non-tipped employees unlawful

June 29th, 2020

By Brandi O. Brown, J.D.
By taking the tip credit and paying the servers only $2.15 per hour, while also requiring them to pay a percentage of their tips into a pool distributed to employees who were not customarily and regularly tipped, as well as a part-owner, the defendants became liable.
In [Read more...]


NLRB overrules another precedent, finds employer lawfully disciplined employees without notice to union prior to first contract

June 26th, 2020

By Ronald Miller, J.D.
A pre-discipline bargaining obligation does not exist when an employer exercises discretion within the framework of an established disciplinary policy.
An employer lawfully disciplined four employees without first providing a union with notice and an opportunity to bargain before imposing discipline, ruled the NLRB. In so ruling, [Read more...]