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Labor, Employment and Benefits: Alert - November 10, 2009

On October 28, 2009, President Obama signed into law a Defense Department Fiscal Year 2010 authorization bill that expands the Family and Medical Leave Act’s (FMLA) requirements with respect to “qualifying exigency leave” for family of military members and “military caregiver leave.” Specifically, qualifying exigency leave now applies to employees who have family members on active duty military service in a for­eign country, and military caregiver leave applies to family members of veterans, not just active duty service members. Although the law does not specify an effective date, it ap­pears to take effect immediately.

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Government Contracts: Alert - November 12, 2009

On November 30, 2009, the Supreme Court will hear oral argument in Graham County Soil & Water Conservation District v. United States ex rel. Wilson, a qui tam action brought under the False Claims Act (FCA) and appealed from a Fourth Circuit decision. The Court will use the case to resolve a split among the circuits over the scope of the FCA's "public disclosure" bar. A decision affirming the Fourth Circuit could increase qui tam litigation against any organization that does business with, or receives federal money through, federal, state and local governmental entities – and would further expand the reach of the FCA to any state or local program involving the use of federal funds.

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Labor, Employment and Benefits
Alert - July 15, 2009
 
Serious Implication for Employers if the Employee Free Choice Act is Passed
 
 July 15, 2009
 
Kenneth Jenero- Chicago
Phillip Schreiber - Chicago
Mark Shapiro - Chicago
Todd D. Steenson- Chicago

Congress is considering the most significant change to federal labor law in 70 years. The proposed Employee Free Choice Act (EFCA) would fundamentally change the union organizing process and make it much easier for unions to organize employees. As proposed, EFCA will:

    • Eliminate an employer’s right to insist on a secret-ballot election supervised by the National Labor Relations Board (NLRB), and instead allow a union to become the employees’ exclusive bargaining representative based solely upon the presentation of signed authorization cards from a majority of employees in the proposed bargaining unit. As a practical matter, union representatives and other employees will be able to coerce employees into signing these cards.
    • Eliminate the pre-election campaign period during which employers typically communicate their position on unionization and educate employees about the downsides of unions.
    • Eliminate freedom of contract by authorizing arbitrators to impose a contract binding for up to two years if the employer has not reached a first contract with a union within 120 days. Arbitrators hired by the government could tell you how much you have to pay your employees, what benefits you must offer, and what rights you have to manage your workforce and business operations.

The recent swearing in of Al Franken as the 60th senator in the Democratic Caucus makes passage of EFCA even more likely. And even if EFCA does not pass in its proposed form, we can expect labor law changes that will make union organizing easier and increase the risks employers face.

Proactive Steps Employers Can Take

As an employer, you can be proactive in protecting yourself against the increased risks of union organizing that EFCA or other labor law changes would create. Steps to take include: (1) reviewing your policies; (2) training your managers; and (3) analyzing the needs and concerns of your workforce. The Labor Relations for Management Team at Holland & Knight is ready to assist. We have the experience and knowledge to help deal with the significant new union organizing risks created by EFCA or other new labor laws.

For more information, contact:

Kenneth A. Jenero
312.715.5790 | kenneth.jenero@hklaw.com

Phillip M. Schreiber
312.715.5784 | phillip.schreiber@hklaw.com

Mark L. Shapiro
312.578.6521 | mark.shapiro@hklaw.com

Todd D. Steenson
312.578.6541 | todd.steenson@hklaw.com

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