- Written by Carl Larson
A challenge to the new ambush election rules promulgated by the National Labor Relations Board (“NLRB”) brought by business groups and the U.S. Chamber of Commerce lost this week in the D.C. Circuit Court of Appeals. This follows a previous challenge to the rules by a group of business groups in Texas which was defeated June 2, 2015 and is currently on appeal to the Fifth Circuit Court of Appeals. These legal challenges follow a failed attempt by the GOP to block the rules from going into effect in early March, which was vetoed by President Obama.
The ambush election rules dramatically “streamline” the process of elections and shorten the time between when a putative union requests an election and the election itself. Employers, business groups, and chambers of commerce are upset because it dramatically limits the ability of a company to get its own message and position on unionization out before polling. While Union organizers will have had weeks, months, or maybe even years to communicate with employees and sell them on unionization, once a request for an election has been filed an employer has less than 10 days to get its own message out. An election could occur in as few as 11 days after a union files a petition. Additionally, the new procedural rules make it very easy for employers to accidentally forfeit certain rights and defenses should they not strictly adhere to the rules’ requirements.
- Written by Carl Larson
Who qualifies for Paid Sick Leave (“PSL”)?
Employees who work 30 or more days for the same employer providing the leave qualify. This includes part-time, seasonal, and full-time employees.
Who is excluded from the PSL law’s requirements?
(1) Employers who already provide paid time off (“PTO”) or PSL plans which provide for accrual of sick leave on a regular basis, so long as:
• at least 24 hours of paid time off are accrued by the 120th calendar day of employment, calendar year, or 12-month period; and
• leave carries over at least “3 days or 24 hours” of sick leave from year to year; and
• the leave is permitted to be used for the same purposes allowed in the PSL law.
(2) Employers who provided a PTO or PSL plan to a class of employees before January 1, 2015 that provided leave accrual on a regular basis so long as:
• no less than one day or eight hours of sick leave accrued within three months of employment each calendar year or 12-month period; and
• employees were eligible to earn at least 3 days of sick leave or paid time off within nine months of employment.