By Edwin S. Hopson
Each year, LexisNexis honors a select group of blogs that set the online standard for a given practice area. We were just notified that the Wyatt Employment Law Report has been nominated as a candidate for the LexisNexis Top 25 Labor and Employment Law Blogs of 2011. The Top 25 will be featured on the LexisNexis site: Labor and ...
By Michelle D. Wyrick
As we move into the dog days of summer, the Department of Labor (“DOL”) has announced its launch of a smartphone application that enables workers and supervisors to monitor the heat index at their work sites. The app, which is available in English and Spanish, is supposed to help prevent heat-related illnesses. It uses ...
By Edwin S. Hopson
On August 10, 2011, the National Labor Relations Board issued an order that will lead to a re-run of a mail ballot election held in the fall of 2010 involving some 43,000 employees of Kaiser Permanente in California. This was the largest mail ballot election ever conducted by the NLRB. The employees were voting on whether to remain ...
By Edwin S. Hopson
On August 09, 2011, the National Labor Relations Board issued its decision in Mezonos Maven Bakery, 357 NLRB No. 47 (2011), in which it held that the Supreme Court’s decision in Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137(2002) was binding upon the Board in deciding that it lacked the authority to award backpay to ...
By Edwin S. Hopson
According to an article in the August 8, 2011 Wall Street Journal, the U.S. House Oversight Committee issued a subpoena on Sunday, August 7, 2011, to the National Labor Relations Board’s Acting General Counsel requiring that he turn over by noon on August 12, 2011, certain materials, including its emails, call logs and ...
By Allison Grogan
With the current heat wave, anything “ICE”-related seems like a welcome change of pace. However, this may not be the case where “ICE” stands for the U.S. Immigration and Customs Enforcement. In the past decade, ICE has steadily increased its activity around the country, making audits of employers’ I-9 hiring records ...
By Edwin S. Hopson
On July 11, 2011,President Obama issued an Executive Order directed at regulatory agencies requiring them, consistent with existing law, to do what his Executive Order 13563 did regarding executive branch agencies. That is each agency, such as the National Labor Relations Board and the Equal Employment Opportunity ...
By Edwin S. Hopson
On July 6, 2011, the Associated Press and Times News Magic Valley in Boise, Idaho, reported that a federal district judge in Idaho issued an injunction on July 1, 2011, blocking implementation of a part of a new Idaho law called the Fairness in Contracting Act that sought to limit the power of labor unions, ruling the measure ...
By Edwin S. Hopson
On June 20, 2011, the U.S. Department of Labor issued a press release in which it announced a proposed rule to revise the interpretation of "advice" as it pertains to the employer and labor relations consultant persuader reporting requirements under Section 203 of the Labor-Management Reporting and Disclosure Act of 1959 ...
By Edwin S. Hopson
On June 21, 2011, the National Labor Relations Board, with Member Hayes dissenting, proposed changes in its representation election procedures. The stated purpose is “to reduce unnecessary litigation, streamline pre- and post-election procedures, and facilitate the use of electronic communications and document ...