The Board’s recent decision in Merck, Sharp, & Dohme Corp., 367 NLRB No. 122 (May 7, 2019) highlights the differences that can arise as a result of the collective bargaining process in the terms and conditions of employment for employers with a divided workforce of non-union and union-represented employees. In Merck, the Board majority reversed the Administrative Law Judge’s ruling that the employer had violated Section 8(a)(3) and (1) by offering a new, one-time…

Hunton Employment & Labor Perspectives

Help Desk Opens for EEO-1 Pay Data, as September 30th Looms Near

By Christy E. Kiely & Alan J. Marcuis on June 18, 2019

We previously posted on the unfortunate ruling in March 2019, when a Federal Court reinstituted the “Component 2” wage reporting in the annual EEO-1 Report. The highly controversial requirement – that employers annually report, to the government, W-2 earnings and hours worked for all employees – had been proposed in 2016, but stayed by the Office of Management and Budget (OMB) in 2017.…

Hunton Employment & Labor Perspectives

CA Supreme Court: Arbitrator’s Error Cannot Be Reviewed By Court

By Matthew I. Bobb & Emily Burkhardt Vicente on June 17, 2019

Labor and employment_California_Road Sign

In a recent decision, the California Supreme Court refused to overturn an arbitrator’s award, despite finding the award was incorrect. Specifically, the Court held that an arbitrator should have considered evidence of a rejected section 998 settlement offer and changed its cost award, even after issuing a final arbitration decision. However, the Supreme Court determined a trial court does not have authority to correct this error. The ruling emphasized the broad scope of an arbitrator’s…

Hunton Employment & Labor Perspectives

Ninth Circuit Holds That Inadmissible Evidence Can Be Used to Support Employees’ Motions for Class Certification

By J. Drei Munar & M. Brett Burns on June 14, 2019

In Corona Regional Medical Center v. Sali, No. 18-1262 (May 3, 2019), the Supreme Court recently dismissed a petition for a writ of certiorari that would have resolved a circuit split as to whether expert testimony must be admissible to be considered at the class certification stage. As a result, the Ninth Circuit remains one of only two circuits that have ruled workers are not required to submit admissible evidence to support a motion for…

Hunton Employment & Labor Perspectives

SCOTUS Unanimously Holds That Charge Filing Requirement in Title VII is Procedural, Not Jurisdictional

By Gary Enis & Alan J. Marcuis on June 7, 2019

Labor and Employment_Discrimination letter

In a unanimous 9-0 decision authored by Justice Ginsburg, the U.S. Supreme Court resolved a split amongst the circuit courts of whether filing a charge of discrimination pursuant to Title VII is a jurisdictional prerequisite or a claims-processing rule. Prior to the Supreme Court’s resolution of the issue, the First, Second, Third, Fifth, Sixth, Seventh, Tenth, and D.C. Circuit Courts all held that the administrative exhaustion requirements under Title VII are not jurisdictional, but rather…

Hunton Employment & Labor Perspectives

What Employers Need to Know and Do as the New Massachusetts Paid Family And Medical Leave Law July 1 Effective Date Approaches

By Anna L. Rothschild & Christopher M. Pardo on June 5, 2019

Parents_Playing With_Baby_At_Home_1200x675

Paid Family and Medical Leave, or PFML, is fast approaching and Massachusetts employers need to begin preparing for the upcoming July 1, 2019 effective date. Not only do employers need to understand their obligations, but there are affirmative actions they must take now – which is well in advance of the January 1, 2021 commencement of the benefits taking effect.…

Hunton Employment & Labor Perspectives

Six Ways Employers Can Accommodate Nursing Mothers in the Workplace

By Jayde Ashford Brown & Alan J. Marcuis on June 4, 2019

Labor and employment_Lactation_Room_Sign_1200x675

Originally published in The Business Journals, Jayde Brown and Alan Marcius discuss considerations when accommodating nursing mothers in the workplace. Read more here.…

Hunton Employment & Labor Perspectives

Bipartisan Group of Senate Finance Committee Members Establishes Paid Family Leave Working Group

By Robert T. Dumbacher on May 31, 2019

Originally posted on the Hunton Retail Law Resource Blog, members of the U.S. Senate Finance Committee recently announced a bipartisan committee of senators to consider federal paid family leave policy. Read more here.…

Hunton Employment & Labor Perspectives

Virginia Enacts Employment Documents Disclosure Law

By Reilly C. Moore & Ryan A. Glasgow on May 30, 2019

A new Virginia law will require employers to provide current or former employees with copies of certain employment-related documents upon request. Effective July 1, 2019, Virginia employers must provide a copy of a limited set of employment documents to employees upon receipt of a written request for such information from the employee, her attorney or an authorized insurer. The law applies to current and former employees, and allows an employer 30 days to produce the…

Hunton Employment & Labor Perspectives

Uber Drivers Not Employees According to NLRB Advice Memo

By Michael Reed & Amber M. Rogers on May 23, 2019

In a recent advice memorandum, the National Labor Relations Board (the “Board”) set forth its position that drivers for the rideshare company Uber are independent contractors, not employees, for purposes of the National Labor Relations Act (“NLRA”). This means that the Board, as it is currently comprised, will not entertain efforts of drivers to unionize or seek other protections under the NLRA. Because it is only a directive from the Board’s General Counsel, as…

Hunton Employment & Labor Perspectives

Analysis and Development in Employment & Labor Issues

Blog Authors

NLRB Rules That Employer’s Exclusion of Union Employees From Paid Holiday Granted to Non-Union Employees is Lawful

Help Desk Opens for EEO-1 Pay Data, as September 30th Looms Near

CA Supreme Court: Arbitrator’s Error Cannot Be Reviewed By Court

Ninth Circuit Holds That Inadmissible Evidence Can Be Used to Support Employees’ Motions for Class Certification

SCOTUS Unanimously Holds That Charge Filing Requirement in Title VII is Procedural, Not Jurisdictional

What Employers Need to Know and Do as the New Massachusetts Paid Family And Medical Leave Law July 1 Effective Date Approaches

Six Ways Employers Can Accommodate Nursing Mothers in the Workplace

Bipartisan Group of Senate Finance Committee Members Establishes Paid Family Leave Working Group

Virginia Enacts Employment Documents Disclosure Law

Uber Drivers Not Employees According to NLRB Advice Memo

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