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27 Sep 2017 High Court to Resolve Whether Class Action Waivers Violate NLRA

  On Oct. 2, the U.S. Supreme Court will resume its fall session and tackle, among other issues, whether class action waivers in arbitration agreements are valid and enforceable under Section 7 of the National Labor Relations Act (NLRA). The court will consider a consolidated set of cases emerging from the U.S. Court of Appeals for the Fifth, Seventh and Ninth Circuits, which have taken conflicting views on this question. The court’s resolution of this…

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03 May 2017 Persuader Rule Still in Limbo

  Earlier this week, the Trump administration told a Minnesota district court judge that it needs additional time – until July 3 – to file the government’s position on the Persuader Rule. The administration said “[t]he United States Department of Labor still awaits the arrival of key political leadership prior to making final decisions as to the issues raised by this litigation . . . .”   Meanwhile, further south, a Texas district court judge’s decision…

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14 Mar 2017 The Legality of Local Municipal Right-to-Work Laws; Will A Circuit Split Lead To Supreme Court Review

  On November 21, 2016, we reported that in Autoworkers Local 3047 v. Hardin County, the Sixth Circuit Court of Appeals held that local units of government could pass right-to-work ordinances under the National Labor Relations Act. Subsequently, on January 9, 2017 we reported that the state of Kentucky became a right-to-work state, a decision that seemingly ended any controversy concerning the Hardin County ordinance and litigation. However, a group of local unions have continued…

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09 Feb 2017 Missouri Adopts Right-to-Work, Are the Feds Next?

  This week, Missouri Gov. Eric Greitens signed into law Missouri’s new Right-to-Work Act. At roughly the same time, Republican Reps. Steve King of Iowa and Joe Wilson of South Carolina introduced the national Right-to-Work Act that would amend the National Labor Relations Act and the Railway Labor Act to remove language allowing unions to require membership as a condition of employment.   Republicans, including King and Wilson in 2015, have tried to push a…

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09 Dec 2016 Second Persuader Rule Case Halted; Court to Wait for New Administration

  With a nationwide injunction already in place by a federal court in Texas, a federal court in Minnesota has entered a stay of proceedings in a second suit that also seeks to block enforcement of the persuader rule.   U.S. District Judge Patrick J. Schiltz’s two-page order not only denied cross motions for summary judgment from the parties, but also stayed the proceeding. Judge Schiltz concluded that “The court agrees with plaintiffs that there is…

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27 Oct 2016 Down to the Wire: DOL’s “Blacklisting Rule” Enjoined

  A federal judge in Texas has blocked implementation of major portions of the U.S. Department of Labor’s (DOL) Fair Pay and Safe Workplaces rule, the so-called “blacklisting” rule.   Judge Marcia A. Crone of the U.S. District Court for the Eastern District of Texas entered a nationwide preliminary injunction order on Oct. 24 blocking the Oct. 25 implementation date of the DOL rule, along with a related Obama Executive Order, the Federal Acquisitions Regulations…

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29 Aug 2016 Disclose All Labor and Employment Complaints – Big Changes for Federal Contractors Coming October 2016

  A few weeks ago, we reported on pending regulations implementing an executive order issued by President Barack Obama in 2014. The Fair Pay and Safe Workplaces Executive Order, which some are deeming the “blacklisting” order, imposes additional reporting requirements on federal contractors whereby they must submit extensive data on various types of labor law violations. Under the order, prospective federal contractors must disclose labor law violations under 14 covered federal statutes, including those addressing…

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07 Jul 2016 NLRB Begins Collecting Employer Information to Fulfill Executive Order

Co-authored by Keith Brodie and Jackie Gessner.   The Fair Places and Safe Workplaces Executive Order was issued by President Barack Obama on July 31, 2014. Like several other executive orders promulgated by the current administration, the order imposes additional labor-related obligations on federal contractors.   Employers likely haven’t heard much about this until now because federal agencies have been working to adopt regulations to implement the order. Final rules are on the horizon, but the…

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27 Jun 2016 Texas Court Issues Nationwide Injunction Against DOL’s Persuader Rule

  A Texas Federal Court today issued a nationwide injunction preventing implementation of the Department of Labor’s (DOL) new persuader regulations. More details will be posted, but absent some action by the Fifth Circuit, the court’s ruling prevents the DOL from enforcing its regulation that were due to take effect on July 1.   Click here to read a Barnes & Thornburg legal alert on this topic. Scott WitlinScott J. Witlin is a partner in…

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11 May 2016 DOL Defends Persuader Rule Claiming There Is No Threat to the Attorney-Client Privilege

On May 6, the Department of Labor (DOL) vigorously defended its revised and narrower interpretation of the “advice exception” in the Labor Management Reporting and Disclosure Act (LMRDA). In the final rule, the DOL announced on March 24 that it was changing its interpretation of the LMRDA’s “advice exception” and a number of law firms filed suit in the District Court of Minnesota (Labnet Inc. v. Perez, D. Minn. , No. 16-cv-844) seeking injunctive relief to…

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