Entries by

Mining MSHA – Discrimination Complaints

We now move to one of the more complex areas of mine safety and health law – discrimination complaints. Section 105(c) of the Federal Mine Safety and Health Act provides protections against retaliation for engaging in conduct protected under the Act. This article will explain what a discrimination case is and what steps operators can take to […]

Let’s Talk Politics: A 5-Step Survival Guide For Dealerships During The 2020 Election Season

This year has brought unprecedented challenges for dealerships across the country. To top it off, the country will close 2020 with a highly contested presidential election. As a result, this presidential election cycle will create unique concerns for dealerships dealing with employees who wish to discuss politics at work, especially given our country’s politically and […]

What Employers Need To Know About SCOTUS Nominee Amy Coney Barrett

President Trump officially selected Judge Amy Coney Barrett to fill the empty seat on the Supreme Court bench, filling the vacancy caused by Justice Ruth Bader Ginsburg’s death. Assuming she is confirmed by the Senate, Judge Barrett’s appointment will have a long-lasting impact on the future of the SCOTUS, cementing a six-Justice majority of conservative […]

Labor Board Instructs Employers That Non-Work Political Activity Isn’t Protected By Federal Law

As the Nation’s political season continues to intensify, the NLRB has issued a timely advice memo highlighting the test for determining when political activity is protected under federal labor law. In a recently issued advice memo released on September 14, the Division of Advice concluded that political activity with no “nexus to a specifically identified […]

Proposed Federal Rule Aims To Make It Easier To Classify Workers As Independent Contractors

Businesses that use independent contractors to carry out critical work roles – especially gig economy companies and those using gig-economy-like strategies for components of their workforce – received a jolt of good news this morning when the Department of Labor unveiled a proposed rule that will make it easier for workers to be classified as […]

Keep It Neutral: Proposed Guidance Calls For Stricter Test When Evaluating Employer Support Of Union Activity

The NLRB’s General Counsel recently released a guidance memorandum advising the Board to apply a stricter standard when evaluating if an employer’s support for union organizing activities violates the National Labor Relations Act. This change would implement a single “more than ministerial aid” standard for the Board’s evaluation of employer support for both pre-certification union […]