This document discusses emerging trends in employment litigation that are affecting businesses. It summarizes key topics such as joint employment analysis, collective bargaining units, and recordkeeping requirements. Data on EEOC charges by classification from 2011 to 2015 is presented, showing increases in retaliation and disability claims. The document also discusses the expanded definition of joint employers established in 2015 and how it affects determining employee vs. contractor status, collective bargaining units that combine solely and jointly employed workers, and increased liability risks for businesses. Strategies for minimizing potential employment claims through written agreements, culture, due diligence, and accountability are recommended.
Steven turner (20916)refueling government ethicsSteven Turner
This is a Powerpoint presentation that was assigned during my Acquistion and Contract Management Intro. course. I hope that the sound is available. Previous upload did not upload the sound for some reason.
In this section of "Rise of the Machines: Avoiding the Legal Pitfalls of App Development" Roger Royse, founder of the Royse Law Firm, discusses:
1. Misclassification: Independent Contractor vs. Employee
2. Managing Risk: What Are the Direct & Indirect Costs
3. Strategies for Avoiding Misclassification
4. Reporting
Unemployment Insurance is the only employer tax that can be controlled. Successful UI cost control efforts begins with professional claims administration.
Discover first-hand from a former UI Deputy exactly the thought process a State Agency considers when issuing entitlement decisions. Learn how your efforts can help prevail in UI decisions at both the initial claims and appeals stage.
Join G&A Partners and Jeffrey Martin, a former UI Deputy and UI Specialist for the "Controlling Unemployment Insurance (UI) Costs can be Painless" webinar.
An Industrial Relations Dispute is a difference of opinion resulting in a dispute between employers or an association of employers with workers or trade unions. There may be a disagreement on rights, conflicting interests, a dispute over termination of employment, or a dispute among trade unions within one enterprise that could be caused by differences in implementation or interpretation concerning the laws and regulations, work agreements, company regulations, or the collective bargaining agreement.
Unit 8 Assessment Collective BargainingHow does an arbitrator .docxmarilucorr
Unit 8 Assessment Collective Bargaining
How does an arbitrator determine that a company had just cause for taking a disciplinary action? What remedy might an arbitrator choose if a company did not have just cause? Will the process be different if the organization does not have union representation? If so how?
Your response should be at least 300 words in length.
By what means can collective bargaining agreements be enforced? Discuss the five principles that govern the arbitration of grievances under collective bargaining. What measures are utilized in non-union environments?
Your response should be at least 300 words in length.
BHR 4350, Collective Bargaining 1
Course Learning Outcomes for Unit VIII
Upon completion of this unit, students should be able to:
7. Interpret arbitration of statutory rights in union and non-union cases.
Reading Assignment
Chapter 10:
Unfair Labor Practices and Contract Enforcement
Chapter 12:
The Arbitration Process
Chapter 13:
Comparative Global Industrial Relations
Unit Lesson
Working in either union or nonunion environments, employees have made statements about the way the
company operates in regards to how employees are treated and the overall organization employment
practices. Some of the things that occur within many organizations make employees disgruntled and can lead
to low company morale. When this occurs, many employees either seek other employment opportunities or
look to file complaints about the organization.
Chapter 10 in your textbook provides a great overview of unfair labor practices and contract enforcement in
union environments. The National Labor Relations Act (NLRA), as with any law, requires effective
enforcement of the collective bargaining agreement. Certain actions taken by employers or unions that violate
the NLRA are known as unfair labor practices. Such acts may be investigated by the NLRB and may also lead
to grievances being filed, mediation, and arbitration (Carrell & Heavrin, 2013). Unfair labor practices can
include, but is not limited to:
1. companies interfering with organizing a bargaining unit,
2. organizing campaign,
3. discrimination against union members, and
4. refusal to bargain (Carrell & Heavrin, 2013).
There are many guidelines set in place that employers and unions should follow; however, unfair labor
practices have been noted on both sides. Tips From the Expert, on the bottom of page 378 and top of page
379 in the textbook, spark interest. This section discusses the most common unfair labor practices unions and
management should avoid and how they can do so. Please be certain to read this section as it provides a
great overview of unfair labor practices from both sides.
With unfair labor practices, companies try to avoid employee walkouts and strikes. This is always a major
concern. As discussed in the previous unit, many organizations have grievance procedures that employees
should ad ...
Steven turner (20916)refueling government ethicsSteven Turner
This is a Powerpoint presentation that was assigned during my Acquistion and Contract Management Intro. course. I hope that the sound is available. Previous upload did not upload the sound for some reason.
In this section of "Rise of the Machines: Avoiding the Legal Pitfalls of App Development" Roger Royse, founder of the Royse Law Firm, discusses:
1. Misclassification: Independent Contractor vs. Employee
2. Managing Risk: What Are the Direct & Indirect Costs
3. Strategies for Avoiding Misclassification
4. Reporting
Unemployment Insurance is the only employer tax that can be controlled. Successful UI cost control efforts begins with professional claims administration.
Discover first-hand from a former UI Deputy exactly the thought process a State Agency considers when issuing entitlement decisions. Learn how your efforts can help prevail in UI decisions at both the initial claims and appeals stage.
Join G&A Partners and Jeffrey Martin, a former UI Deputy and UI Specialist for the "Controlling Unemployment Insurance (UI) Costs can be Painless" webinar.
An Industrial Relations Dispute is a difference of opinion resulting in a dispute between employers or an association of employers with workers or trade unions. There may be a disagreement on rights, conflicting interests, a dispute over termination of employment, or a dispute among trade unions within one enterprise that could be caused by differences in implementation or interpretation concerning the laws and regulations, work agreements, company regulations, or the collective bargaining agreement.
Unit 8 Assessment Collective BargainingHow does an arbitrator .docxmarilucorr
Unit 8 Assessment Collective Bargaining
How does an arbitrator determine that a company had just cause for taking a disciplinary action? What remedy might an arbitrator choose if a company did not have just cause? Will the process be different if the organization does not have union representation? If so how?
Your response should be at least 300 words in length.
By what means can collective bargaining agreements be enforced? Discuss the five principles that govern the arbitration of grievances under collective bargaining. What measures are utilized in non-union environments?
Your response should be at least 300 words in length.
BHR 4350, Collective Bargaining 1
Course Learning Outcomes for Unit VIII
Upon completion of this unit, students should be able to:
7. Interpret arbitration of statutory rights in union and non-union cases.
Reading Assignment
Chapter 10:
Unfair Labor Practices and Contract Enforcement
Chapter 12:
The Arbitration Process
Chapter 13:
Comparative Global Industrial Relations
Unit Lesson
Working in either union or nonunion environments, employees have made statements about the way the
company operates in regards to how employees are treated and the overall organization employment
practices. Some of the things that occur within many organizations make employees disgruntled and can lead
to low company morale. When this occurs, many employees either seek other employment opportunities or
look to file complaints about the organization.
Chapter 10 in your textbook provides a great overview of unfair labor practices and contract enforcement in
union environments. The National Labor Relations Act (NLRA), as with any law, requires effective
enforcement of the collective bargaining agreement. Certain actions taken by employers or unions that violate
the NLRA are known as unfair labor practices. Such acts may be investigated by the NLRB and may also lead
to grievances being filed, mediation, and arbitration (Carrell & Heavrin, 2013). Unfair labor practices can
include, but is not limited to:
1. companies interfering with organizing a bargaining unit,
2. organizing campaign,
3. discrimination against union members, and
4. refusal to bargain (Carrell & Heavrin, 2013).
There are many guidelines set in place that employers and unions should follow; however, unfair labor
practices have been noted on both sides. Tips From the Expert, on the bottom of page 378 and top of page
379 in the textbook, spark interest. This section discusses the most common unfair labor practices unions and
management should avoid and how they can do so. Please be certain to read this section as it provides a
great overview of unfair labor practices from both sides.
With unfair labor practices, companies try to avoid employee walkouts and strikes. This is always a major
concern. As discussed in the previous unit, many organizations have grievance procedures that employees
should ad ...
The NLRB's New Joint-Employer Test: What You Need to Know Regarding its Likel...Winston & Strawn LLP
On August 27, 2015, the majority of a divided National Labor Relations Board (NLRB or Board) adopted a new standard for determining joint-employer status under the National Labor Relations Act. The Board’s decision will have wide-ranging consequences for employers, and the two dissenting Republican Board members warned that it will “subject countless entities to unprecedented new joint-bargaining obligations…to potential joint liability for unfair labor practices and breaches of collective-bargaining agreements, and to economic protest activity.” In addition, the Board’s decision, when coupled with additional case developments expected from the NLRB, will open new avenues for labor unions to organize workforces.
Winston & Strawn Labor and Employment Practice Partners Derek Barella and Joe Torres presented an eLunch addressing:
1. the Board’s new joint-employer standard;
2. possible implications for unionized and non-union employers; and
3. considerations for possible responsive strategies.
In December 2014 Professor Jason Heyes, along with Dr Paul Lewis from the University of Birmingham, co-hosted a one-day workshop on ‘Regulating work and employment: recent changes/future prospects’. The event was attended by representatives of ACAS, the Department of Business, Innovation and Skills (BIS), the CIPD and the Gangmasters Licensing Authority (GLA), as well as leading academics and early career researchers. The workshop was the culmination of a two-year project, funded by the British Academy and Leverhulme Trust, which has assessed the consequences of labour market policy reforms in the EU since the start of the economic crisis in 2008.
During the workshop, Jason Heyes, Paul Lewis and Mark Beatson – chief economist at the CIPD – discussed the implications of employment rights reforms for workers and employers while Dr Tim Vorley (Sheffield), Professor Ute Stephan (Aston) and Professor Simon Down (Anglia Ruskin) spoke about the impact of employment regulations on small businesses. Mark Heath from the GLA and Professor Linda Dickens from the University of Warwick assessed long-standing and emerging challenges facing government agencies responsible for ensuring compliance with employment rights while Tony Thomas and Paula Lovitt provided insights into BIS’ review of employment status.
We are hosting many slides from this event on Slideshare. Find out more about the Work, Organisation & Employment Relations Research Centre (WOERRC) here: http://www.woerrc.group.shef.ac.uk/
This presentation is based on HRM with many references outside of an author K Aswathappa 7 edition book.
So, friends it is now for you to use and share more and more with gaining new experiences.
New Overtime Rules: The Official Changes to the FLSA White-Collar ExemptionsNet at Work
Join Constangy attorney Jonathan Martin as he addresses the U.S. Department of Labor's Final Rule on white-collar overtime exemptions, which has an effective date of December 1, 2016, as well as practical advice concerning other wage and hour conundrums.
The NLRB's New Joint-Employer Test: What You Need to Know Regarding its Likel...Winston & Strawn LLP
On August 27, 2015, the majority of a divided National Labor Relations Board (NLRB or Board) adopted a new standard for determining joint-employer status under the National Labor Relations Act. The Board’s decision will have wide-ranging consequences for employers, and the two dissenting Republican Board members warned that it will “subject countless entities to unprecedented new joint-bargaining obligations…to potential joint liability for unfair labor practices and breaches of collective-bargaining agreements, and to economic protest activity.” In addition, the Board’s decision, when coupled with additional case developments expected from the NLRB, will open new avenues for labor unions to organize workforces.
Winston & Strawn Labor and Employment Practice Partners Derek Barella and Joe Torres presented an eLunch addressing:
1. the Board’s new joint-employer standard;
2. possible implications for unionized and non-union employers; and
3. considerations for possible responsive strategies.
In December 2014 Professor Jason Heyes, along with Dr Paul Lewis from the University of Birmingham, co-hosted a one-day workshop on ‘Regulating work and employment: recent changes/future prospects’. The event was attended by representatives of ACAS, the Department of Business, Innovation and Skills (BIS), the CIPD and the Gangmasters Licensing Authority (GLA), as well as leading academics and early career researchers. The workshop was the culmination of a two-year project, funded by the British Academy and Leverhulme Trust, which has assessed the consequences of labour market policy reforms in the EU since the start of the economic crisis in 2008.
During the workshop, Jason Heyes, Paul Lewis and Mark Beatson – chief economist at the CIPD – discussed the implications of employment rights reforms for workers and employers while Dr Tim Vorley (Sheffield), Professor Ute Stephan (Aston) and Professor Simon Down (Anglia Ruskin) spoke about the impact of employment regulations on small businesses. Mark Heath from the GLA and Professor Linda Dickens from the University of Warwick assessed long-standing and emerging challenges facing government agencies responsible for ensuring compliance with employment rights while Tony Thomas and Paula Lovitt provided insights into BIS’ review of employment status.
We are hosting many slides from this event on Slideshare. Find out more about the Work, Organisation & Employment Relations Research Centre (WOERRC) here: http://www.woerrc.group.shef.ac.uk/
This presentation is based on HRM with many references outside of an author K Aswathappa 7 edition book.
So, friends it is now for you to use and share more and more with gaining new experiences.
New Overtime Rules: The Official Changes to the FLSA White-Collar ExemptionsNet at Work
Join Constangy attorney Jonathan Martin as he addresses the U.S. Department of Labor's Final Rule on white-collar overtime exemptions, which has an effective date of December 1, 2016, as well as practical advice concerning other wage and hour conundrums.
1. Can We All Just Get Along (Part II): Emerging Trends in
Employment Litigation Affecting the Way We Do Business
J. T. Wilson III, Partner
550 West Adams Street, Suite 300
Chicago, Illinois 60661
Johner.Wilson@lewisbrisbois.com
7. You’re Really an Employer (Too)!
• On August 27, 2015, the NLRB announced
its decision in Browning-Ferris Industries of
California, Inc., greatly expanding the
definition of joint employer.
• The Result: 30 years of case law interpreting
who is a “joint-employer” – GONE.
8. Changing of the Guard…
Right to Control
Terms and Conditions
Exercised Control
Integral Part/Core
Direct
Unilateral
Before Browning-Ferris But now…
Indirect
Narrow Broad/Inclusive
Share/Co-determine
9. Case Study:
Key Considerations
Management Structure
Hiring
Discipline/Termination
Wage and Benefits
Scheduling and Hours
Work Processes
Training and Safety
How Does This Work?
11. Removal of Employer Consent
Miller & Anderson, Inc.
• Petitioners seeking to represent employees in bargaining units that
combine both solely and jointly employed workers of single user employer
are no longer required to acquire employer consent
Issue
• Whether under the NLRA employees of user employer (sole and joint)
must obtained employer consent for purposes of collective bargaining as
a single unit (including temporary employees)
Result
• Petitioned-for units combining solely and jointly employed workers of
single user employer must share community of interest
12. Increased Risk of Liability for
Railroad/User Employer
• Joint Employment based on
right to control
Browning-
Ferris
• RLA not block finding of joint
employer status of user
employer outside of NLRA
Airway
Cleaners, LLC
• Single and joint employees of
user employer can combine
as bargaining unit without
consent
Miller &
Anderson, Inc.
The number of Total Charges reflects the total number of individual filings, because often charges advance multiple theories of alleged discrimination.
Steady increase in Retaliation and Disability charges.
Lucy works for a company contracted to operate the automotive portion of an intermodal yard
Duties include (1) load/unload automobiles to/from railcars
(2) Minor switching operations
(3) Daily inspections to ensure AAR Compliance
(4) Inventory Management (storage and gate operations)
Lucy’s company is solely responsible
Key Component = exercise of control
Expanded application/definition of Joint Employment
Key Component = Right to Control
Operative Facts – (1) Indirect control
(2) Terms and conditions
(3) Share/Co-determine
Highlight elements in Browning-Ferris
Hiring
Discipline/Termination
Wage and benefits
Scheduling and Hours
RLA does not prevent finding of joint employment status for Railroad-user employer
Airway Cleaners, LLC, 363 NLRB No. 166, 2016 WL 1569705 (April 18, 2016), finding:
that it exercises jurisdiction over an employer despite the employer's joint employment with an entity that is exempt from the NLRB's jurisdiction under the National Labor Relations Act (NLRA).
Traditionally 50% of EE craft and employer consent (RLA)
Community of Interest = (1) similarity of job function,
(2) earnings,
(3) benefits, (4) hours,
(5) required skills, and
(6) supervision;
(7) production activities in close proximity,
(8) considerable interaction (KEY)
Employee(s) of a Supplier/Service Partner claims:
Employee of RR/User
Seek to establish collective bargaining unit without knowledge of RR/User
OSHA modification of recordkeeping requirements
Takes effect January 1, 2017
Nudges employers to focus on safety
Covered employers 250+ employees (includes PT, seasonal and temp employees)
Requires notice of right to report free from retaliation
Specifically targeting post-incident drug testing
Retaliate against EE or (2) discourage reporting
Exception – testing to comply with state or federal law
Programs – should encourage safe work practices and promote participation in safety-related activities
Term (set expiration date)
Hiring
Supervision
Discipline/termination
Wage and benefits
Scheduling and hours
Personnel up to speed on new requirements
Management personnel (including front line staff) trained on anti-retaliation provisions
Review drug testing and safety incentive programs