The world of labor law is evolving, and February 2024 saw several key developments that could impact workers and businesses alike. Here’s a breakdown of the top five labor laws:
1. Delayed Takeoff for New Joint-Employer Rule
Remember the National Labor Relations Board’s (NLRB) new rule defining who qualifies as a “joint employer”? It was supposed to take effect in February, but a Texas judge threw a wrench in the plans.
Business groups argued the rule was too broad and unfair, and the judge agreed, delaying its implementation until March 11th, 2024. This gives companies more time to prepare for the new standard, which could impact how businesses like franchises, contractors, and staffing agencies operate.
2. Strike Activity Soars to New Heights
Hold onto your hard hats, folks! 2023 saw the highest number of strikes in a single year in two decades, according to a report from Bloomberg Law. With 347 work stoppages recorded, it marks the third year in a row with an increase in annual strikes.
May and September were particularly busy months, and most strikes occurred during negotiations for new contracts rather than initial agreements. The report also reveals shorter strike durations, with two-thirds resolving within a week of starting.
3. Court Takes Up “Make Whole” Remedy Dispute
The NLRB got tangled in a legal battle about the types of damages it can order companies to pay to employees who suffered unfair treatment. In 2022, the Board ruled it could award “make whole” remedies covering “foreseeable” damages, like medical expenses or credit card debt incurred due to the unfair labor practice.
But, a company challenged this ruling, arguing the Board overstepped its authority. The case is currently being reviewed by the Fifth Circuit Court of Appeals, so stay tuned to see how this plays out.
4. Non-Compete Agreements Under Fire
Get ready for a potential shakeup in how companies use non-compete agreements. The NLRB’s General Counsel, Jennifer Abruzzo, is on a mission to challenge these agreements, especially those deemed broad and restricting employees’ right to work.
In her view, these agreements should only be used in specific cases, like protecting trade secrets or managerial interests. This initiative, along with others targeting training repayment agreements and mandatory “captive audience” meetings, could impact the way businesses operate and interact with their employees.
5. Washington Post Faces Bargaining Complaint
Following a historic strike by journalists and staffers, The Washington Post found itself facing a complaint from the NLRB. The issue? The newspaper allegedly refused to negotiate with the union that represents its employees. They were discussing changes to the return-to-work policy. This development comes after the Post and the union reached a tentative agreement, including wage increases and advance notice for changes to work schedules.
These are a few of the key developments shaping the landscape of labor law in the U.S. Staying informed about these changes is crucial. It’s key for both employers and employees. They need it to ensure fair and respectful working conditions for all.