Management Update
Volume 4, Issue 1
January 2015
 
D.C. Circuit Upholds OFCCP's Rules On Affirmative Action for Disabled Persons
In the midst of continued debate, the D.C. Circuit has upheld the OFCCP's requirement that federal contractors invite job applicants to disclose if they have a disability pursuant to their authority under Section 503 of the Rehabilitation Act. The court also ruled that the DOL acted within its rights by adopting "utilization goals" for hiring employees with disabilities. Under Section 503, federal contractors are required to "take affirmative action to employ and advance in employment qualified individuals with disabilities." 
 
New Ruling Gives Employees Right to Use Company E-Mail for NLRA-Protected Activity

In a 3-2 decision, the National Labor Relations Board reversed its own precedent and found that employees now have a right to use their employer's email system to engage in communications relating to concerted activity protected by Section 7 of the National Labor Relations Act during nonworking time. This ruling opens the door for employees to use email for union organizing and other protected activity, such as complaining about their working conditions.
 
NLRB Issues Final "Quickie Election Rule"

The NLRB has issued its long-anticipated rules regarding union representation elections, making it easier for unions to organize a workforce. The new rules set forth an "accelerated" process which gives employers less time to explain to employees the pros and cons of union representation, and may put employers at immediate risk of increased union organizing activity.

Key areas in which the new rules will speed up the representation processes include: 1.) Elections may be held within 20 days of the filing of the petition; 2.)Pre-election hearings will be scheduled within eight days of a petition being filed; 3.) Employers must post an initial "NLRB Notice of Election" after a petition is filed; 4.) Pre-election hearings will be limited to whether a question concerning representation exists; 5.) Employers will have to fill out and submit a "Statement of Position" form within seven days of receipt of petition; 6.) Election stays pending an appeal to the NLRB are not permitted; 7.) Individual voter eligibility issues will be deferred from the pre-election hearing to post-election proceedings; 8.) The "Excelsior list" must be filed two days after Direction of Election has been issued; 9.) Post-election hearings will be set 14 days after the filing of objections; 10.) The NLRB, post-election, is no longer required to hear appeals of election issues.
 
Workplace Violence Memo Cited as Unlawful Response to Union Organizing

In a recent decision, the National Labor Relations Board ruled 2-1 that a New Jersey nursing home interfered with employee rights by distributing a copy of its workplace violence policy and a memo urging employees to treat one another with respect during a union organizing drive. Although promoting a policy against violence in the workplace is not a violation, the NLRB held that the employer used the policy to unlawfully target union activity and to suggest those supporting the union would be subject to disciplinary action.  
 
No Pay For Security Check Time

The U.S. Supreme Court issued a final ruling that the Fair Labor Standards Act (FLSA) does not require an employer to pay its employees for time undergoing security screenings at the end of a shift. This case has been closely watched by employers concerned with the potential of millions of dollars of back pay and liquidated damages.
 
Management Update Briefings

Breazeale, Sachse & Wilson, L.L.P. presents Management Update Briefings, a labor and employment law seminar at convenient locations across the state of Louisiana.
 



 
Breazeale, Sachse & Wilson, L.L.P. Labor & Employment Attorneys


john.andrishok@bswllp.com 

225.381.8020

  Rachael M. Coe
rachael.coe@bswllp.com
504.584.5469

 Leo C. Hamilton  

leo.hamilton@bswllp.com

225.381.8056


 

 
This electronic newsletter is provided to clients and friends of Breazeale, Sachse & Wilson, L.L.P. The information described is general in nature, and may not apply to your specific situation. Legal advice should be sought before taking action based on the information discussed. Applicable State Bar or Attorney Regulations May Require This Be Labeled as "Advertising."Anchor1