AUGUST 16, 2019
NLR Legal Industry Column
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Carlton Fields

Greenberg Traurig, LLP

McDermott Will & Emery

Stark & Stark
Farrone Advisors
Labor & Employment News
In house attorneys looking for a better way to organize, vet and easily retrieve legal news created the National Law Review on-line edition.

Around the clock, the National Law Review's editors screen and classify breaking news and analysis authored by recognized legal professionals and our own journalists.

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Ogletree Deakins  Law FirmUnder the National Labor Relations Act (NLRA), employees have the right to determine whether union representation is in their best interests. The freedom of employees to make this critical choice in an atmosphere free of coercion or intimidation is one of the Act’s bedrock principles. Due to a unique provision in the NLRA, however, employees in the construction industry do not always have a choice on the “union issue.” On August 12, 2019, the National Labor Relations Board proposed an important rule change that returns free choice to employees. To understand the proposed rule change we first provide a brief overview of construction labor law concepts.  More on NLRB Rule Change Here >
Hackers are getting creative. As they gather information about potential targets for identify theft and other cybercrimes, they increasingly target companies’ human resources departments. Employee records often contain troves of sensitive personal information that would be valuable to such criminals – from original employee applications with social security numbers and driver’s license numbers, bank draft forms with bank account information, and W2 forms and other tax documents. And when employee data is compromised, employers may be responsible for notifying them. More on Employer's Duty to Notify Here >
As part of its effort to tackle the pay gap between men and women, Illinois has joined the national trend of banning questions regarding a job applicant’s salary history.  On July 31, 2019, Gov. J.B. Pritzker signed a new law amending the Illinois Equal Pay Act of 2003 (“the Act”), making it unlawful for employers to ask about a job applicant’s salary history.  The new law goes into effect on September 29, 2019.  More on Ilinois Equal Pay Efforts Here>
The U.S. Department of Labor’s Wage and Hour Division (“WHD”) shows no signs of fatigue as it releases two new opinion letters on the Fair Labor Standards Act (“FLSA”) within the first week of August.  These opinion letters address the FLSA’s partial overtime exemption on a “work period basis” and the status of public agency volunteers.  As we have previously advised, employers should read the WHD’s opinion letters carefully and consult with experienced counsel with any questions about their practices vis-à-vis WHD interpretive guidance.
More on DOL Opinion Letters Here>
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