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Labor Law

DOL Overtime Update - Podcast

Labor & Employment Law Practice Group Podcast
Tammy D. McCutchen July 28, 2017

On Wednesday, the Department of Labor published a Request for Information seeking comments from the public on the Obama Administration’s 2016 changes to the overtime exemption regulations which would have required payment of overtime to any employee earning less than $913 per week ($47,476 annualized). That regulation was enjoined by the Eastern District of Texas just days before it was to go into effect. Tammy McCutchen, who was Wage and Hour Division Administrator in 2004 when DOL last changed the rules and is a member of the legal team challenging the 2016 regulations, will discuss the RFI, the litigation and the interplay between them.

Featuring:

  • Tammy D. McCutchen , Shareholder, Littler Mendelson, PC

Persuader Rule Update - Podcast

Labor & Employment Law Practice Group Podcast
Christopher C. Murray, Karen Harned July 12, 2017

On March 24, 2016 the DOL’s Office of Labor-Management Standards (OLMS) issued the so-called “persuader rule” that would greatly inhibit the ability of businesses to rely on labor experts and the ability of employers to obtain legal advice in responding to union organizing campaigns. For nearly 50 years the DOL has recognized that advice, including legal advice, is excluded from reporting under federal labor law. The new persuader rule would have forced lawyers and law firms that counsel a business on most labor relations matters to disclose not only their work with that client, but also all fees and arrangements for all clients for all labor-relations services.  Several lawsuits were filed challenging this rule on statutory and First Amendment grounds. On June 27, 2016, a district court in Texas issued a preliminary injunction enjoining DOL from implementing the new rule. The district court then made that preliminary injunction permanent in November 2016, and DOL has appealed to the Fifth Circuit.  While DOL’s appeal is pending, on June 12 DOL issued a proposal to rescind the rule.

Christopher C. Murray, a shareholder at Ogletree Deakins, represents some of the business groups in the Texas litigation who sued to stop the “persuader rule” from taking effect. He provided an update on the current state of play with regard to the litigation and proposed rulemaking.

Featuring:

  • Christopher C. Murray, Shareholder, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
  • Moderator: Karen Harned, Executive Director, National Federation of Independent Business Small Business Legal Center

Can You Recruit on Campus? - Podcast

Labor & Employment Law Practice Group Podcast
Eric Dreiband April 10, 2017

Are college job fairs and recruiting doomed as discriminatory activities?  In February, a District Court in California ruled that job applicants could maintain a disparate impact claim under the Age Discrimination in Employment Act (ADEA) challenging the practice of recruiting entry-level workers mostly through a program available only to recent college graduates. But last October, the Eleventh Circuit affirmed en banc the dismissal of a case brought by an over-40 job seeker who alleged that the company engaged in age discrimination by using screening guidelines describing the “targeted candidate” as someone “2-3 years out of college” who “adjusts easily to changes,” and suggesting to avoid “applicants in sales for 8-10 years.” The two cases are Rabin v. PricewaterhouseCoopers LLP, --- F.Supp.3d ----, 2017 WL 661354  (N.D.Cal., 2017) and Villarreal v. R.J. Reynolds Tobacco, 839 F.3d 958 (11th Cir. 2016) Petition for Certiorari Filed (NO. 16-971), Feb 02, 2017.

Eric S. Dreiband, a partner in the Washington office of Jones Day and former General Counsel of the Equal Employment Opportunity Commission, shared his thoughts on these cases and took listener questions.

Featuring:

  • Eric S. Dreiband, Partner, Jones Day

Labor Issues in the Sharing Economy

Short video on the Sharing Economy
February 09, 2017

The sharing economy is changing the nature of work, yet it doesn’t fit clearly within laws governing labor and employment. In this short documentary, policy experts, lawyers, and sharing economy workers weigh in on the debate over "contractors v. employees" and what kind of protections workers need in this new economy.

Statewide vs. Local Right to Work Laws - Podcast

Labor and Employment Law Practice Group Podcast
Andrew R. Kloster, James Sherk, Ariana R. Levinson, Raymond J. LaJeunesse January 06, 2017

In 1957, an article in the Stanford Law Review asked the question: can counties and cities pass right to work ordinances under the Taft-Hartley Amendments to the National Labor Relations Act? The law explicitly allowed states to prohibit "agency-shop" contracts, but did not clearly address subdivisions of states. This question of federal preemption was addressed by courts only three times in more than fifty years. In that time, twenty-six states have passed statewide right to work laws. But recently, Hardin County in Kentucky passed, and the federal Court of Appeals for the Sixth Circuit upheld, a local right-to-work ordinance. Consequently, this sleeper issue may be hugely important in "purple" states across the country.Our panel of labor law and federalism experts talked about the law and politics of local right to work laws.

Featuring:

  • Mr. Andrew R. Kloster, Attorney, Washington, DC
  • Mr. James Sherk, Research Fellow in Labor Economics, The Heritage Foundation
  • Prof. Ariana R. Levinson, Professor of Law, University of Louisville Brandeis School of Law
  • Moderator: Mr. Raymond J. LaJeunesse Jr., Vice President & Legal Director, National Right to Work Legal Defense Foundation