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As the 2019 Novel Coronavirus (COVID-19) spreads into the broader economy, human resource professionals are finding that grappling with the consequences are more complicated in union-represented workforces. In a union workforce, the employer must determine what it has already agreed it will do, the extent of its freedom to address the scenarios created by COVID-19, and the legal framework within which it must act. Below we offer several considerations for employers to adopt.

First, examine the collective bargaining agreement. This will allow you to determine the extent of the company’s freedom to act independently and expeditiously. The place to start is to determine management’s right to schedule work, to idle the plant, to send workers home and to lay-off employees. Determine the restrictions, if any, in these rights, such as call-in pay or weekly guarantees.Continue Reading Managing COVID-19 In A Union Workforce In The US

The Ninth Circuit just reiterated one of the late U.S. Circuit Judge Stephen Reinhardt’s last opinions after the U.S. Supreme Court wiped it out last February. (Decision here.) In February 2019, the Supreme Court vacated and remanded Rizo v. Yovino, which held that employers cannot justify a wage differential between men and women…

The rapid spread of the 2019 Novel Coronavirus (COVID-19) is disrupting business (and life) everywhere. As new clusters are identified across Europe and the Middle East, fears of the virus are impacting the US stock market and there are concerns of a global pandemic.

With no end in sight, many US companies are questioning what policies and practices they need to put in place, and revisiting those that they may already have in place to deal with this rapidly evolving situation. We recommend that companies take the following steps now.

Next Steps for Employers

  • Emergency Preparation Team. Assemble a cross-functional emergency management team to handle issues such as employee health and safety, internal and external communications, medical leaves, personal leaves and disability accommodations, technology support, and legal compliance. As the situation continues to develop, it will become increasingly important to have a single team that is aware of all potential virus related issues for consistency and precedent-setting purposes.

Continue Reading COVID-19: Essential Action Items For US Employers To Take Now

In part one of this article, we discussed when and how multinational companies can use a noncompetition agreement on their highly skilled employees to protect their confidential information and other intellectual property. In particular, we described five key factors to consider before rolling out noncompete covenants around the world.

In part two, we analyze how…

In 2020, trade tensions, uncertainties over Brexit, significant changes in the political landscape and unexpected global events, such as the Coronavirus outbreak, continue to present challenges for the global employer. Meanwhile, the relentless advance of technology is accelerating workplace transformation, creating an opportunity for employee growth and diversification across industries.

To help navigate the global…

As multinational companies compete for highly skilled employees around the world, they are often confronted with a deceptively simple question: Do they impose a noncompetition agreement on their employees?

This article is part one of a two-part article addressing how multinational companies can use a noncompetition agreement on their highly skilled employees to protect their…

The recent outbreak of the 2019 Novel Coronavirus (2019-nCoV) raises challenging issues for employers, particularly those that have multiple locations, provide a variety of services, and employ a global workforce that may travel routinely for business. For employers who have lived through prior global pandemics, now is the time to revisit preparedness protocol and re-evaluate…

Last week, the US Equal Employment Opportunity Commission (EEOC) released a comprehensive breakdown of the workplace discrimination charges received in 2019. The report shows that fiscal year 2019 continued the trend of declining numbers of pending charges. Interestingly, the number of charges filed in 2019 is the lowest intake in any fiscal year since at least 1997. While there may be any number of explanations for the decrease, one possibility is that employees are turning to expanding state anti-discrimination laws and more active state administrative agencies rather than the EEOC.
Continue Reading While EEOC Report Shows Overall Decrease In Charges, Retaliation Continues To Be Top Charge

In a significant decision for the service provider community, this month the National Labor Relations Board dismissed a claim that an employer was required to provide its employees’ union the service contracts it had with its customer. G4S Security Solutions USA, Inc. 369 NLRB No. 7 (2020). The panel decision was unanimous. Notably, however, the decision left open the possibility that a union could require the production of a service agreement if it could demonstrate the agreement was relevant to bargaining.
Continue Reading Withholding Service Contracts Not Unlawful