The U.S. Department of Labor’s Wage and Hour Division (“WHD”) recently issued an opinion letter regarding the designation of FMLA leave in the context of employees covered by collective bargaining agreements (“CBA”) with a union. This opinion letter provides helpful clarification on an issue that is often a source of confusion for employers (as well as for unions).
Earlier this year, the WHD advised that once an eligible employee communicates a need to take leave for a FMLA-qualifying reason, an employer may not delay the designation of FMLA-qualifying leave as ...
In the new issue of Take 5, our colleagues examine five employment, labor, and workforce management issues that will continue to be reviewed and remain top of mind for employers under the Trump administration:Read the full Take 5 online or download ...
This past week, Doctor’s Associates Inc., which is the owner and franchisor for the Subway sandwich restaurant chain entered into a Voluntary Agreement (the “Agreement”) with the US Department of Labor’s (DOL) Wage and Hour Division “as part of [Subway’s] broader efforts to make its franchised restaurants and overall business operations socially responsible,” and as part of Subway’s “effort to promote and achieve compliance with labor standards to protect and enhance the welfare” of Subway’s own workforce and that of its franchisees.
While the ...
Last week we reported that the NLRB continues its assault on arbitration agreements in spite of judicial rejection of its holdings. Days after our post, another federal judge disregarded the NLRB’s holdings and actually dismissed employees’ wage and hour claims because the employees failed to follow the court’s order compelling the employees to arbitration.
Specifically, on July 8, 2015, a federal judge dismissed (PDF) the original wage and hour collective action that ultimately led to the NLRB’s decision in Murphy Oil where it held that arbitration agreements ...
An NLRB Administrative Law Judge issued a Decision on April 29th in which he found that when a waiter in a restaurant in New York City, acting alone, instituted a class action lawsuit claiming violation of state or federal wage and hour laws, he was engaging in concerted activity on behalf of himself and co-workers, even if none of those co-workers are aware of the filing. While the decision does not mention whether the waiter was represented by a union, it seems pretty clear that there was no union in this case.
Thus, the Judge concluded, when the restaurant terminated the waiter, it did so ...
- New York State Bans Workplace “Captive Audience” Meetings
- Federal Government Continues Initiatives to Limit Employer Opposition to Union Organizing
- NLRB Issues Final Rule on Joint-Employer Status, Answering a Major Question No One Asked
- NLRB Delivers Labor Day Gifts to Unions
- NLRB Issues Final Rule on NLRB Election Procedures; Returns to “Quickie Election” Procedures