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Mike Underwood represents employers in all major areas of labor and employment law. His practice includes defending employers in discrimination and wrongful discharge litigation. Mike also represents employers in collective bargaining and arbitration cases. He advises on OSHA, COBRA compliance and affirmative action.

Continuing a trend towards reversal of case precedent, the NLRB has issued two decisions important to companies with union contracts. In Valley Hospital Medical Center, the Board considered whether an employer has the right to stop making dues deductions from employee paychecks after a collective bargaining agreement with the union expires. Dues deductions in collective bargaining agreements are common. Unions bargain aggressively for them because these provisions require the employer to automatically deduct union dues from employee paychecks and submit them directly to the union.

Continue Reading NLRB shift on two important issues for union companies

The National Labor Relations Board (NLRB) governs certain rights of workers in union and non-union workplaces. NLRB cases impact such things as employee rights to complain about working conditions on behalf of oneself and others and the right to communicate to co-workers about interest in unionization. As a result, trends in NLRB decisions are important to all companies, union and non-union.

Continue Reading Active NLRB is reversing many trends; union and non-union companies need to be aware

The decision to classify a worker as an independent contractor, rather than as an employee, carries significant legal implications. Misclassifying employees as independent contractors can result in employer liability for unpaid payroll taxes, unpaid unemployment and workers’ compensation premiums, and responsibility for failure to provide the various rights afforded under employment laws to employees but

Requests for religious accommodations at work can involve a wide range of issues including schedule changes, relief from weekend or overtime work, breaks to accommodate prayer or other religious practices, dress code accommodations and even tattoos. Religious accommodations must be granted if they are “reasonable.” Currently employers have a pretty low hurdle to cross when

Peter Robb is President Trump’s new General Counsel for the National Labor Relations Board (NLRB). He was confirmed by the Senate in November. The General Counsel is the top lawyer guiding NLRB enforcement activity. Direction from the General Counsel’s office influences how NLRB Regional Directors enforce the law and has a significant impact on legal issues facing union, as well as non-union, companies. In a memo issued on December 1 to all of the NLRB Regional Offices around the country, Mr. Robb signaled his intention to systematically change many of the more controversial labor law enforcement initiates pursued by the NLRB during the Obama administration.
Continue Reading New top lawyer for NLRB signals change

Many thanks to Arslan Sheikh for his assistance in preparing this post.

Presume your workplace is non-union. You are interviewing an employee about facts that might lead to disciplining her. She tells you she wants a co-worker to sit in on the interview as her representative to advise her. The lawyers that advise the National Labor Relations Board (NLRB) are taking the position that you have to allow it.

Last week, the office of the general counsel to the NLRB issued an advice memorandum that has significant implications for all non-union employers. The memo concludes that an employee in a non-union workplace should be entitled to co-worker representation during an investigatory interview by the company. This is contrary to existing NLRB precedent which holds that representation rights like this do not apply where there is no union representative. As explained below, whether the general counsel’s advice becomes law remains to be seen. But in the meantime, employers are wise to be aware of this advice memo because it will likely influence the way NLRB regional offices act in enforcement proceedings at least for now. Refusing an employee’s request for representation in an interview might result in a local NLRB office issuing a complaint and forcing the employer to fight it out in a hearing.
Continue Reading Non-union employers may have to allow employees “representation” in some investigation interviews

Many thanks to Arslan Sheikh for his assistance in preparing this post.

Last week, President Trump nominated Peter Robb, a management-side labor attorney, to serve as general counsel to the National Labor Relations Board (NLRB). As the top lawyer for the NLRB, the general counsel has a great many responsibilities, which include giving advice to the regional offices of the NLRB concerning enforcement issues. The advice is often communicated in advice memoranda. These advice memos are critical because they advise the regional offices on how to interpret and to enforce labor law. It is the regional offices that process unfair labor practice charges and union representation petitions. As a result, the office of the general counsel can have a significant influence on what employers can expect to face in NLRB enforcement proceedings.

If Robb is confirmed by the Senate, which is likely, he will take over when current General Counsel Richard Griffin’s four-year term expires on Oct. 31, 2017. Based on his professional background and experience, there is reason to expect that Robb will take a more employer-friendly position on many labor law issues than his predecessors did during the Obama administration. For example, Robb has been critical of the NLRB’s efforts to shorten the timeframe in which an employer can react to a union election petition.
Continue Reading President Trump nominates Peter Robb to serve as general counsel to the National Labor Relations Board

The Occupational Safety and Health Administration (OSHA) announced recently that it intends to delay the initial deadline for compliance with its rule requiring employers to report accident and illness records to OSHA electronically. Under the original deadline, employers with over 250 workers and smaller employers in high hazard industries would have been required to begin electronic filing of certain OSHA-required forms on July 1, 2017. For a more detailed discussion of the electronic recordkeeping rule, go here. That deadline is now off and OSHA has promised a formal notification in the future with more information about revised deadlines.

Continue Reading OSHA delays electronic reporting requirement start date

In a recent “work from home” decision by the U.S. District Court for the Eastern District of Pennsylvania, the court denied Sneaker Villa, Inc.’s, (the employer) motion for summary judgment. Slayton v. Sneaker Villa, Inc. Why is that important? In employment discrimination lawsuits, an employer’s earliest opportunity to have a case dismissed without the cost and risk of a jury trial is with a summary judgment motion. If the motion is denied, the case is headed for trial. The risks go up, the costs go up and, typically, so do the plaintiff’s settlement demands. In this case, the court decided that the question of whether the employer should have allowed work from home as a reasonable accommodation should be decided by a jury. The case is a reminder that an employer can jump too quickly to the conclusion that a request for a work from home assignment cannot be accommodated.

What happened?

The employee, Ms. Slayton, suffered fractured vertebrae and head trauma in a bus accident. After approximately two months of short-term disability leave, Ms. Slaton asked to return to her job as a corporate recruiter with the accommodation of working from home for four weeks, or until her physical therapy was completed. The employer denied the request to work from home and said that Ms. Slayton’s job would have to be filled because of the critical recruiting period that the employer was about to enter.
Continue Reading Work from home case shows importance of job descriptions and interactive dialogue