New York City Mandates “Labor Peace” AgreementsNew York City is trying to force certain employers to sign "labor peace" agreements with unions. Mayor Bill de Blasio has signed an executive order mandating that a property developer receiving at least $1 million in “Financial Assistance” require its large retail and food service tenants to accept “Labor Peace Agreements.” These agreements would prohibit the companies from opposing union organization and provide what some consider to be affirmative support and assistance to unions. City Development Projects that were authorized or received “Financial Assistance” before July 14, 2016, are exempt from this order. … [Read more...] about EEOC Transgender Case, New York City Labor Peace Agreements, Parental Leave: Employment Law This Week – August 29, 2016 [VIDEO]
3. How Does the Worker’s Relative Investment Compare to the Employer’s Investment?Previously, the DOL had stated that the relative investment of a worker “compared favorably” if the investment was substantial and could be used for the purpose of sustaining a business beyond the particular job or project the worker was performing. … [Read more...] about The Department Of Labor Addresses Independent Contractor Misclassification And Concludes That “Most Workers” Are Employees
We will continue to monitor the case and share any significant developments. In the meantime, it would appear safe to say that employers should feel comfortable that they need not comply with the new rules, and that those who already implemented or announced changes prior to the injunction should seek guidance on how best to proceed if they intend to rescind those changes. … [Read more...] about Department of Labor Appeals Texas Order Enjoining Enforcement of New Overtime Rules
This past week, Doctor’s Associates Inc., which is the owner and franchisor for the Subway sandwich restaurant chain entered into a Voluntary Agreement (the “Agreement”) with the US Department of Labor’s (DOL) Wage and Hour Division “as part of [Subway’s] broader efforts to make its franchised restaurants and overall business operations socially responsible,” and as part of Subway’s “effort to promote and achieve compliance with labor standards to protect and enhance the welfare” of Subway’s own workforce and that of its franchisees. … [Read more...] about What Does Subway’s “Voluntary Agreement” with the US Department of Labor Mean for Joint Employer Status?
The issuance of the complaint in this case comes less than a month after the Board’s General Counsel issued General Counsel Memorandum 16-01, Mandatory Submissions to Advice, identifying the types of cases that reflected “matters that involve General Counsel initiatives and/or priority areas of the law and labor policy.” Among the top priorities are “Cases involving the employment status of workers in the on-demand economy,” and “Cases involving the question of whether the misclassification of employees as independent contractors,” which as reflected in the IBT complaint the General Counsel contends violates Section 8(a)(1) of the Act. … [Read more...] about NLRB Argues “Misclassification” as an Independent Contractor is Unfair Labor Practice