Recently, legislation at the federal level was introduced that, if ultimately passed, is designed to carve out over-the-road bus drivers from the so-called "Motor Carrier Act exemption" from the Fair Labor Standards Act's overtime compensation provisions.

The legislation can be found here.... Read More

Recently, the Administrative Review Board (which issues final agency decisions for the Secretary of Labor in cases arising under a wide range of worker protection laws, including the Surface Transportation Assistance Act) ruled in favor of a motor carrier that allegedly terminated the employment of one of its drivers in retaliation for complaining about unsafe working conditions. The case is Israel v. Schneider National Carriers, Inc., ARB Case No. 09-115.... Read More

Recently, a federal district court in California determined that motor carriers that transport property are not subject to California's meal and rest break laws, reasoning such laws are preempted by the Federal Aviation Administration Authorization Act ("FAAAA"). For those interested, the case is Dilts v. Penske Logistics, LLC, 2011 U.S. Dist. LEXIS 122421 (S.D. Cal. Oct. 19, 2011).... Read More

At a public meeting held on November 30, 2011, the National Labor Relations Board ("Board") voted, 2-to-1, in favor of a resolution to adopt six procedural amendments to the rules governing representation elections under the National Labor Relations Act ("NLRA") (although the Board's resolution did not include all portions of the proposed amendments contained in the June 2011 Notice of Proposed Rulemaking). Not surprisingly, the procedural changes adopted through the November 30, 2011 resolution will expedite the "representation election" process, to the detriment of employers.... Read More

In Douglas Autotech Corp., 357 NLRB No. 111 (Nov. 18, 2011), a 2-1 majority of the National Labor Relations Board (“Board”) opined that a company “reemployed” illegal strikers who attempted to return to work, when the company informed these illegal strikers they were “locked out.” In Douglas Autotech Corp., the United Auto Workers Local 822 (“UAW”) represented a bargaining unit of 146 employees at Douglas Autotech’s Bronson, Michigan facility.... Read More

Through my September 7, 2011 blog post, I described the National Labor Relations Board’s ("NLRB") proposed "quickie election" rules designed to make unionization easier.... Read More

Under Title VII of the Civil Rights Act of 1964 ("Title VII"), which prohibits workplace discrimination based on several "protected classes," including religion, employers have a duty to accommodate the sincerely-held religious beliefs of employees, where employers know about such religious beliefs, such religious beliefs conflict with employment requirements, and accommodating such religious beliefs does not create "undue hardship." In Weathers v. FedEx Corporate Services, Inc., No. 09 C 5493, 2011 U.S. Dist. LEXIS 125880 (N.D. Ill., Nov.... Read More

Yesterday, October 5, 2011, the National Labor Relations Board’s (“Board”) Office of Public Affairs announced that the Board has elected to postpone the implementation of its new “Final Rule” requiring employers to notify employees of their rights under the National Labor Relations Act. Under the new rule, which was to become effective on November 14, 2011, private-sector employers whose workplaces fall under the National Labor Relations Act would have been be required to conspicuously post the employee rights notice [an 11-by-17 inch poster] where other workplace notices are typically posted—including on intranet or internal sites if workplace rules and policies are customarily posted there.... Read More