NLRB Approves Ambush Election Rules: Christmas Comes Early for Big Labor

Posted by Ryan O'Donnell on Mon, Dec 15, 2014 @ 12:19 PM

For organized labor, Christmas has come early. Unfortunately, Americas’ employers received a lump of a coal.

Late last week, President Obama’s National Labor Relation’s Board finalized the so-called “ambush election rules”—a gift that was at the top of every union’s wish list. By speeding up the timeframe for representation elections, this new regulation will significantly handicap employers’ ability to contest union organizing drives.

obama santa

As Siegel O’Connor has previously noted, the average time between when a union files a representation petition—the first step in organizing a workplace into a union—is 38 days, but this new rule would reduce that to as few as 10 days.  Consequently, unions could launch guerrilla-organizing campaigns that, because of the compressed timeline, deny management its legal right to discuss with their employees whether a union has anything worthwhile or constructive to offer them or the company.

Employers across the country have strongly criticized the change. For instance, the Retail Industry Leaders Association (RILA) issued the following statement:

This flawed rule is harmful to both workers and employers. By dramatically changing the procedures that govern union elections, the rule limits the information available to employees prior to entering the voting booth, potentially subjects employees to harassment at home and undermines the due process rights of employers.

Bottom Line for Employers

Fortunately for America’s employers, these new regulations don’t go into effect until April 2015; additional legal and legislative challenges are likely. In the interim, however, Employers should contact their respective members of Congress and demand an end to the Obama NLRB’s hyper-partisan antics. Employers are also urged to contact their labor counsel and begin developing a strategy for contesting ambush elections.

Tags: National Labor Relations Board, Register Guard, Labor Law, SNAP elections, Employers, business, small business

Employer Alert: Connecticut Minimum Wage Increase

Posted by Ryan O'Donnell on Thu, May 22, 2014 @ 12:55 PM

Earlier this month, the Connecticut legislature wrapped up its 2014 regular session—a whirlwind few months that left employers scrambling to adjust to several new laws and regulations.

CapPrimarily, Connecticut employers should be concerned about the legislature’s decision to increase the minimum wage. Under SB 32 (“An Act Concerning Working Families' Wages”). Connecticut’s minimum wage will (as of January 1 of each of the next three years) increase to:

·         $9.15 per hour in 2015;

·         $9.60 per hour in 2016; and

·         $10.10 per hour in 2017.

Furthermore, hotel, bar, and restaurant employees’ minimum wages (with the corresponding tip credit), will also change

The legislature’s decision to raise the minimum wage will negatively impact not only employers, but working-class families as well. Indeed, minimum-wage increases reduce the number of entry-level minimum-wage jobs available—actually hurting many of the workers the legislation endevors to help. 

Connecticut employers should review all policies and procedures to ensure compliance with these changes to the minimum wage law.

Tags: Employers, business, small business, jobs, minimum wage