NLRB: Issues New Guidance on Employee Handbook Rules

APPLIES TO

All Employers Subject to the NLRA

EFFECTIVE

June 6, 2018

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On June 6, 2018, the Office of the General Counsel of the National Labor Relations Board (“NLRB”) issued “Guidance on Handbook Rules Post-Boeing.” The new Guidance elaborates on a December 14, 2017 announcement that sets forth three categories of rules to help define when an employer’s policies violate the National Labor Relations Act (“NLRA”).

OSHA Corrects Electronic Reporting Implementation – Employers in State Plan States Must Electronically Report Form 300A

APPLIES TO

All Employers of 20-249 Employees in Specified Industries

EFFECTIVE

July 1, 2018

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The U.S. Department of Labor (“DOL”) recently reviewed implementation of OSHA’s “Improve Tracking of Workplace Injuries and Illnesses” regulation.  The DOL determined that, under the Rule, affected employers are required to submit injury and illness data via OSHA’s Injury Tracking Application (“ITA”) online portal, even if the employer is covered by a state plan that has not yet completed its adoption of their own state rule.

Upcoming Minimum Wage Increases

APPLIES TO

Certain Employers with Employees in CA, DC, IL, ME, MD, MN, OR

EFFECTIVE

July 1, 2018

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Minimum wage increases typically fall into the beginning or middle of each calendar year, with many states or localities increasing minimum wage rates in July.  Below is a short list of localities with upcoming minimum wage increases effective July 1, 2018.

Fifth Circuit: Clarification on Small Vehicle Exception to the Motor Carrier Act Overtime Exemption

APPLIES TO

All Employers with LA, MS, TX Employees Operating Commercial Motor Vehicles

EFFECTIVE

May 16, 2018

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In Carley v. Crest Pumping Technologies, LLC, the Fifth Circuit recently clarified ambiguities in the small vehicle exception to the Motor Carrier Act (MCA) overtime exemption. Generally, the overtime requirements under the Fair Labor Standards Act (FLSA) do not apply to employees covered by the MCA, except for employees who operate vehicles weighing 10,000 lbs. or less under certain conditions (“small vehicle exception”).

Sixth Circuit: Do Volunteers Have an Expectation of Compensation?

APPLIES TO

All Employers with KY, MI, OH, TN Volunteers

EFFECTIVE

April 16, 2018

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In Acosta v. Cathedral Buffet, the Sixth Circuit recently clarified the definition of a volunteer. There, a buffet restaurant, a for-profit corporation operated by Grace Cathedral, used volunteers to service patrons in addition to regular employees. The faith leader at Grace Cathedral told church members that God was calling on them to volunteer at the buffet, and that failing to do so was tantamount to a sin under the church’s doctrine. As a result of the church’s strategies, many members did volunteer. Employees and volunteers performed the same restaurant-related tasks; however, volunteers were not paid for their time.

Seventh Circuit: ADEA Applies to Employees and Job Applicants

APPLIES TO

All Employers with IL, IN, and WI Employees

EFFECTIVE

April 26, 2018

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In a split from an Eleventh Circuit ruling last year, the Seventh Circuit Court of Appeals recently stated that the Age Discrimination in Employment Act of 1967 (“ADEA”) provides protections not only to current employees aged 40 or older, but to similarly situated job applicants as well.

Ninth Circuit: Tribal Casinos Must Obey NLRA

APPLIES TO

All Employers with AK, AZ, CA, HI, ID, MT, NV, OR, and WA Employees

EFFECTIVE

April 26, 2018

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According to the Ninth Circuit Court of Appeals, even self-governed tribal land must obey the provisions of the National Labor Relations Act (“NLRA”).  In National Labor Relations Board v. Casino Pauma, the circuit court stated that the casino violated the NLRA by attempting to limit protected union activity.

Under the NLRA, employees have the right to engage in specified protected activities relating to improving or discussing working conditions, free of employer retaliation or adverse action.  At Casino Pauma, operated by the Pauma Band of Mission Indians and located on the tribe’s reservation, a number of casino workers began distributing union leaflets to customers entering the casino.  The employees were originally removed by security.  When they attempted to distribute leaflets some weeks later, the employees were disciplined.

The NLRB filed a complaint on behalf of the employees.  An administrative law judge found that the casino violated the NLRA by attempting to interfere with protected union activities, and the circuit court agreed, stating that the NLRA applies to tribal employers.

Action Items

  1. Review the full text of the case here.
  2. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2018 ManagEase

Tenth Circuit: Changing Termination Reasons Held as Pretext for Employment Discrimination

APPLIES TO

All Employers with CO, KS, NM, OK, UT, and WY Employees

EFFECTIVE

May 15, 2018

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The Tenth Circuit Court’s decision in Fassbender v. Correct Care Sols., LLC, reminds employers of the importance of weighing termination decisions with care.  In Fassbender, an employer’s decision to terminate a pregnant employee was determined to be a pretext for discrimination, due in part to the employer’s inconsistent reasoning for the termination.

California: FEHA Amendments Expand Protections Related to “National Origin”

APPLIES TO

All Employers with CA Employees

EFFECTIVE

July 1, 2018

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The Office of Administrative Law recently approved amendments to the Fair Employment and Housing Act (FEHA), which include, in part, changes to the state’s anti-harassment, discrimination, and retaliation requirements related to the national origin of employees and job applicants, regardless of documented status.  These amendments go into effect July 1, 2018.

California: New PAGA Interpretations Continue to Increase Employer Exposure

APPLIES TO

All Employers with CA Employees

EFFECTIVE

May 22 and 23, 2018

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Two recent California cases have greatly expanded the ability for employees to sue employers under the Private Attorneys General Act (“PAGA”).  A favorite of plaintiffs’ attorneys, PAGA allows an employee to bring a suit against an employer on behalf of other aggrieved employees, potentially recovering significant penalties as well as attorneys’ fees.  PAGA suits can and have been used against employers for even minor technical violations, such as a business listing an abbreviated name rather than the legal name of the organization on pay stubs.