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April Upchurch FredricksonBlog Posts

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Oregon Enacts Pregnancy Accommodation Law

Beginning January 1, 2020, Oregon employers with at least six employees must comply with the Employer Accommodation for Pregnancy Act. The Act requires employers to provide reasonable accommodations to applicants and employees who have limitations related to pregnancy, unless it would impose an undue hardship on the employer.  The Act also makes it unlawful to...… Continue Reading The post Oregon Enacts Pregnancy Accommodation Law appeared first on Disability, Leave & Health Management Blog.
May 28, 2019

Misclassification of Independent Contractor is Violation of NLRA, ALJ Rules

The misclassification of an independent contractor is an unfair labor practice under the NLRA, according to Administrative Law Judge Dickie Montemayor. Intermodal Bridge Transp., No. 21-CA-157647 (Nov. 28, 2017). ALJ Montemayor said that, because such misclassification chills future concerted activity and necessarily “deprives and conceals available protections” afforded to employees under the NLRA, misclassification in … Continue Reading The post Misclassification of Independent Contractor is Violation of NLRA, ALJ Rules appeared first on Labor & Collective Bargaining.
December 12, 2017

Federal Court Paves Way for Local ‘Right to Work’ Laws

Local governments may enact “right to work” laws, the U.S. Court of Appeals for the Sixth Circuit, in Cincinnati, has held. United Auto Workers v. Hardin County, No. 16-5246 (Nov. 18, 2016). The Court ruled that such a law is not preempted by the National Labor Relations Act. This is the first federal appellate court … Continue Reading The post Federal Court Paves Way for Local ‘Right to Work’ Laws appeared first on Labor & Collective Bargaining.
January 4, 2017

Seattle Ordinance Giving Drivers Right to Bargain Collectively Violates Federal Law, Chamber Says in Lawsuit

The U.S. Chamber of Commerce has challenged the Seattle City Ordinance giving drivers of app-based transportation companies that use independent contractors to provide services (such as Uber and Lyft) the right to collectively bargain.  (See our post, Seattle City Council Enacts Ordinance Giving Drivers Right to Collectively Bargain, Legal Challenges Expected.) On its face, the … Continue Reading The post Seattle Ordinance Giving Drivers Right to Bargain Collectively Violates Federal Law, Chamber Says in Lawsuit appeared first on Labor & Collective Bargaining.
March 9, 2016

Seattle City Council Enacts Ordinance Giving Drivers Right to Collectively Bargain, Legal Challenges Expected

Landmark legislation giving drivers of app-based transportation companies, such as Uber and Lyft, the right to collectively bargain, has been passed by the Seattle City Council.  However, the new law faces significant legal hurdles. Although the new law, enacted on December 13, on its face is intended to improve public health, safety and welfare by … Continue Reading
December 31, 2015

Citing NLRB’s Long Delay, Court Refuses to Issue Temporary Injunction

Pointing to the NLRB’s 15-month delay in filing its petition as undermining its claim of irreparable injury, a federal district court in Illinois has denied the National Labor Relations Board’s application for injunctive relief against an employer under Section 10(j) of the National Labor Relations Act. Ohr v. Arlington Metals Corporation, 2015 U.S. Dist. LEXIS … Continue Reading
December 11, 2015

Board Adopts Presumption That Employees Can Use Employer’s Email System to Engage in Protected Activity

In a controversial but not unexpected decision, reversing precedent, a majority of the National Labor Relations Board held that absent special circumstances that justify specific restrictions employers must permit employees who have been provided access to their employer’s email system to use email for statutorily protected communications on their nonworking time  Purple Communications, Inc., 361 … Continue reading Board Adopts Presumption That Employees Can Use Employer’s Email System to Engage in Protected Activity
December 13, 2014

Senate Confirms Lauren McFerran as Member of National Labor Relations Board

On December 8, the Senate confirmed Lauren McFerran (D) as a member of the National Labor Relations Board by a vote of 54-40, along party lines. Ms.  McFerran will replace Democrat Nancy Schiffer, whose appointment is set to expire December 16, 2014.  Employers should expect that her views will be similar to Member Schiffer’s pro-labor … Continue reading Senate Confirms Lauren McFerran as Member of National Labor Relations Board
December 10, 2014

Senate Labor Committee Recommends Senate Confirmation of Democrat McFerran to the NLRB

The Senate Committee on Health, Education, Labor and Pensions has voted to recommend Senate confirmation of Democrat Lauren McFerran, President Barack Obama’s recent nominee  to the National Labor Relations Board.  During the December 2 vote, McFerran’s nomination was supported by the 12 Democrats on the Committee and opposed by all 10 Republicans. According to Senate … Continue reading Senate Labor Committee Recommends Senate Confirmation of Democrat McFerran to the NLRB
December 3, 2014