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Handbook and Policy Gift from the National Labor Relations Board

Starting the new year with a gift to employers, the National Labor Relations Board (“NLRB”) issued a decision overturning its prior, controversial standard for reviewing employee handbooks and policies.

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NLRB’s “Joint Employer” Shift Creates Risk for Users of Contract Labor and Franchisors

Overturning more than 30 years of precedent, the NLRB recently set forth a new standard for a finding of “joint employment,” which could dramatically affect any business using contract/temporary labor or in a franchisor/franchisee relationship.  See Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (Aug. 27, 2015). 

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Exempt or Non-Exempt? What About Overtime?

One of the most common questions we get as employment attorneys is: “Is an employee in [insert job title] exempt or do I have to pay overtime?”  Alternatively, sometimes we get asked, “If I pay an employee a salary, doesn’t that make that employee exempt?”

As you have may have experienced firsthand, our initial (and understandably frustrating) answer is often: “It depends.

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Strengthened Equal Pay Law Passed by New York Legislature

Although federal and New York State Law already prohibit gender-based pay discrimination, the New York State Assembly and Senate have passed a new bill (A06075, S00001) intended to “ensure that women receive the wages they were always entitled to.”  Governor Cuomo has indicated that he will sign the bill.

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Are You Prepared? New NLRB “Quickie” Union Election Rules Are Here

Welcome to the new world of labor relations.

On April 14, 2015, new union election rules from the National Labor Relations Board (NLRB) went into effect, signifying a dynamic shift in the way unionization efforts can play out in work places across the country.

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Disclaimer

This website presents only general information not intended as legal advice. Although we encourage calls, letters and emails from prospective clients, please keep in mind that merely contacting Harter Secrest & Emery LLP (HSE) does not establish an attorney-client relationship between us. Confidential information should not be sent to HSE until you have been notified in writing by HSE that a formal attorney-client relationship has been established. Information sent to us before then may not be treated as confidential by HSE or the court.

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