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NLRB Adopts “Contract Coverage” Standard to Apply to an Employer’s Unilateral Changes to Terms and Conditions of Employment

A recent decision by the National Labor Relations Board (the “NLRB” or “Board”) makes it easier for employers to change workplace rules without discussing the change with the union representing their employees. As employers with unions know, an...By: Dorsey & Whitney LLP
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Dorsey & Whitney LLP | Sep 13,2019 |

Barenbrug USA Reaches Agreement with EEOC

Grass Seed Company Resolves Investigation Into Unlawful Severance Agreements Offered to Employees During Recent Reduction in Force - MINNEAPOLIS - The U.S. Equal Employment Opportunity Commission (EEOC) and Oregon-headquartered grass seed company...By: U.S. Equal Employment Opportunity Commission
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Fifth Circuit Hands Employers a Big Win, Rules Day Rates Can Satisfy the Salary Basis Under the Highly Compensated Employee Exemption

Seyfarth Synopsis: Employers were handed a big win recently when the U.S. Court of Appeals for the Fifth Circuit held that a day rate can satisfy the salary basis requirement for overtime exemptions under FLSA and also advocated for an award of...By: Seyfarth Shaw LLP
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Seyfarth Shaw LLP | Sep 13,2019 |

Never, ever, ever assume! (or, how a stuck shoe is like a construction project assumption) (law note)

This summer, I had the fortune of taking a trip to Europe. The first place I visited was Amsterdam. A lovely town with a lot of culture and more canals than you can shake a stick at. I was meeting family there, but had hours to kill ahead of time....By: Melissa Dewey Brumback
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Melissa Dewey Brumback | Sep 13,2019 |

NLRB Changes Course on Unilateral Employer Action Standard

In a 3-1 decision, the National Labor Relations Board (NLRB or the Board) reversed long-held Board precedent regarding when unionized employers may unilaterally change a term or condition of employment without violating the National Labor Relations...By: FordHarrison
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FordHarrison | Sep 13,2019 |

California Legislature Passes Landmark Worker Classification Legislation

• On September 10, 2019, the California State Legislature passed AB 5, which codifies the “ABC test” in Dynamex Ops. West Inc. v. Superior Court, 4 Cal. 5th 903 (2018), for determining whether a worker is an employee or an independent contractor. The...By: Akin Gump Strauss Hauer & Feld LLP
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NLRB Relaxes Standard for Employer Changes to Employees' Terms and Conditions of Employment

This week, the National Labor Relations Board (the Board) made it easier for employers to change the terms and conditions of their workers' employment without union permission....By: Varnum LLP
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Varnum LLP | Sep 13,2019 |

California's A.B. 5 Poised to Change Independent Contractor Law Permanently

On September 11, 2019, the California Legislature passed Assembly Bill 5, a landmark employment bill that largely codifies the state Supreme Court’s decision in Dynamex Operations West v. Superior Court, which we blogged about... Although the law...By: Hirschfeld Kraemer LLP
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Hirschfeld Kraemer LLP | Sep 13,2019 |

The ABC Test May Soon Be Law in California: What Employers Need to Know

On September 11, 2019, the California Assembly passed a bill codifying last year’s Supreme Court of California decision establishing a new test to determine whether a worker is an independent contractor or an employee. The new three-factor test,...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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NLRB Reverses Itself and Broadens Employer Property Rights in Restricting Access to Non-Employee Union Agents

The National Labor Relations Board (NLRB) has revisited the issue of when an employer may restrict access to its private property by non-employee union agents. In Kroger Limited Partnership, a union business agent was denied access to the food...By: Hinshaw & Culbertson LLP
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Hinshaw & Culbertson LLP | Sep 13,2019 |
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