MONDAY MORNING MINUTE: March 25, 2019

Monday Morning Minute

In This Issue

NLRB GC Attacks Dues Checkoff Revocation

Michigan's Minimum Wage Increasing March 29

Update on 2018 EEO 1 Survey

Walmart's Legal and PR Nightmare

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March 25, 2019

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MAGA: NLRB GC ATTACKS DUES CHECKOFF REVOCATION; PUSHES DISCLOSURE OF DUES SAVINGS

Recently, NLRB General Counsel Peter Robb issued General Counsel Memorandum No. 19-04, attacking restrictions on employee revocation of dues checkoff authorizations, and pushing the disclosure of meaningful information that must be provided to employees to determine if they want to object to paying full union dues.

Private sector employees have a right to refuse union membership and can refuse to pay full union dues, and can only be required to pay for an amount of money necessary for collective bargaining. In non-"right-to-work" states, these monetary amounts are automatically deducted from an employee's paycheck if he/she signs a dues-checkoff authorization card. Employees also have a right to revoke their dues-checkoff authorization at least once a year, and upon expiration of the collective bargaining agreement.

As the chief enforcement officer of the National Labor Relations Act, General Counsel Peter Robb is directing that Regional Directors issue an unfair labor practice complaint against a union when: 1) employee are required to request revocation before the collective bargaining agreement expires; 2) the union requires that the employee send the revocation letter by certified mail; and 3) the union fails to tell the employee when the next window for revocation will occur.

Regarding the information a union must provide to employees, current Labor Board law provides that a union must disclose to employees the percentage of dues that they would save by objecting to payment of any monies that are not necessary and related to collective bargaining and contract administration, such as lobbying and political campaign support. GC Robb has directed that the Regions to issue an unfair labor practice complaint against an union which fails to disclose to employees the actual dollar amount that the employee would save by objecting to payment of dues and fees not related to collective bargaining.

Unions can be expected to push back against GC Robb's efforts to expand this area of private sector labor relations law. Spognardi Baiocchi has decades of experience representing management in labor relations, from arbitrations and contract administration to remaining union free. Call if you need assistance in this area.

MICHIGAN MINIMUM WAGE INCREASE SET FOR MARCH 29

The current minimum wage is $9.25 per hour, but effective March 29th, it will increase as follows:

Michigan's minimum wage increases to $9.45

For tipped workers, the minimum wage will increase from $3.52 to $3.59 per hour

For workers age 16 and 17 years, it increases from $7.86 to $8.03.

Please note that there is no change to the training wage of $4.25 for new employees age 16 to 19 for the first 90 days of employment.

2018 EEO-1 SURVEY- COURT ORDERED APRIL 3 DEADLINE FOR EEOC TO DETERMINE IF PAY INFORMATION IS REQUIRED FOR CURRENT REPORTING PERIOD

T he U.S. District Court for the District of Columbia earlier this month vacated the Office of Management and Budget's stay of the pay data reporting requirements.

At a status conference on March 19, the court ordered the EEOC and OMB to determine by April 3 whether the new pay data information will be required in the current reporting period, which opened March 18 and runs through May 31. Instructions for filing are available on the EEOC website, CLICK HERE

On March 18, 2019 the EEOC issued a statement that it would only require the submission of Component 1 data regarding the demographics of employer workforces. Regarding Component 2 pay and hours data addressed in the Court's ruling, the EEOC has stated only that it "is working diligently on next steps in the wake of the court's order" and "will provide further information as soon as possible." CLICK HERE FOR EEOC STATEMENT

WALMART'S LEGAL AND PR NIGHTMARE

Walmart has been testing out a new position since 2015 and has subsequently made an announcement that by April 2019 it will phase out all of its "greeters" and replace them with a new position entitled "customer host."

According to Walmart, this new position was created for purely economic reasons and was a financial decision so that the Company can remain competitive in today's market. This new position changes the responsibilities of the current "greeter" position by including such things as lifting up to 25 pounds, collecting shopping carts, writing reports and attending to spills.

Walmart is now facing legal backlash involving the Americans with Disabilities Act as many of those in the current "greeter" role are either mentally or physically disabled. Numerous complaints have been filed with the EEOC alleging disability discrimination and at least one lawsuit has been filed mid March in federal court in Utah.

The takeway for many employers is better communication as well as legal planning. When a role within a company heavily relies on a protected class such as age or disability, better planning concerning legal rights, notices and adherence cannot be ignored. In addition to the legal concerns which affect a "class" the PR nightmare alone should cause an employer to do its due diligence.

SPOGNARDI BAIOCCHI llp is a law firm dedicated to partnering with companies of all sizes to address the full spectrum of legal concerns for its business. Our commitment is to find common sense solutions that fit each clients' unique situation to labor, employment, human resources and general business needs.

With over 50 combined years of experience among its 2 founding partners in these areas, we can assist businesses in developing custom solutions to today's tough issues. And as litigators, who combined have over thousands of trials "under their belts" before state and federal courts as well as administrative agencies (such as the NLRB) you will find no better advocate and partner.

For more information on the firm, please go to our website at www.psb-attorneys.com or Lisa at [email protected]