On December 21, The National Labor Relations Board voted 2-1 in favor of new steps to increase the speed of union elections.  The Board hopes to keep election and campaign time to less than 21 days.  Often, there are long delays to unionizing elections because of legal challenges brought by the employer.  The Board wants to require that these challenges be postponed until after the employees have voted for or against the union.  These changes were first proposed in June and the NLRB held public hearings and reviewed thousands of public comments.  The new rules will likely be challenged by employers in court.  More coverage here.

This was the Board’s last major policy decision before it lost one member, which leaves it without a quorum to act.  President Obama has nominated Sharon Block and Richard Griffin to the Board.  Ms. Block is currently deputy assistant secretary of Congressional affairs with the Labor Department.  Mr. Griffin has served on the board of the AFL-CIO Lawyers Coordinating Committee since 1994 and is general counsel to the International Union of Operating Engineers.  Republicans may well block these nominations in an effort to prevent the Board from functioning at all.  More coverage here.

Categories: Legislative Action Tags: AFL-CIO, Congress, IUOE, Labor and Employment, NLRB, President Obama, Union Elections, Unions

Shortly before Christmas, House Republicans finally gave in and sensibly agreed to the two-month extension for extended unemployment benefits.  When Congress returns after recess, debate will resume on whether to further continue the vitally needed unemployment insurance programs.  For more information on North Carolina’s Extended and Emergency Unemployment benefits, see the Division of Employment Security’s site, here.

Categories: Legislative Action Tags: Congress, DES, Emergency Unemployment Benefits, Extended Benefits, Labor and Employment, North Carolina, President Obama, Unemployment Benefits

The North Carolina Court of Appeals heard two workers’ compensation cases on appeal and decided them earlier this month.

The first, Mehaffey v. Burger King involved a manager at Burger King who suffered a compensable knee injury while at work.  In the North Carolina Industrial Commission’s Opinion and Award, the Plaintiff was awarded retroactive attendant care fees for his wife, home modifications for a power wheel chair, a hospital bed, and transportation to doctors appointments.   Defendants argued that the Commission erred in awarding retroactive payments for attendant care because they were not pre-approved.  Shockingly, the Court agreed, even though the it recently held in the Boylan and Ruiz cases that pre-approval was not necessary for attendant care services.  The Court relied on the out-dated Hatchett case from 1954, which has been superceded by later Supreme Court decisions and legislative changes.  Perhaps the Court will agree to rehear the case, which appears to be a clear mistake.

Next, in Keeton v. Circle K, the Court affirmed the Industrial Commission’s Opinion and Award, which granted the defendants’ application to suspend benefits.  Keeton appealed the Commission’s decision, contending that she should be entitled to continuing benefits because she made a reasonable effort to return to work and there was no actual refusal to work.  The Court rejected these contentions, concluding there was sufficient evidence to show that the available manager position with Circle K fit within her physical restrictions, was “suitable employment,” and the Plaintiff made no effort to return to work at Circle K.  Thus, deeming the Plaintiff’s actions to be a voluntary refusal to accept suitable employment, the Court affirmed the denial of benefits under N.C. Gen. Stat. 97-32.

Categories: Judicial Decisions Tags: Appeals, Attendant Care, Case Commentary, Industrial Commission, NC Court of Appeals, Pre-Approval, Seagraves, Suitable Employment, Workers' Compensation

The House and Senate still have not come to an agreement on extending unemployment benefits for jobless workers.  The federal unemployment provisions for emergency and extended benefits are set to expire during the first week in January.  The U.S.  Labor Department estimates that 3.6 million jobless Americans will lose benefits by March if nothing is done to extend the federal program.  Currently the states finance up to 26 weeks of jobless benefits with the federal government adding up to 73 weeks of benefits, totaling 99 weeks of possible unemployment benefits.  The average unemployed workers is out of work for 41 weeks.  Republicans in Congress seek to reduce the maximum total number of weeks to 59, add unreasonable eligibility requirements, and implement pervasive drug-testing of all unemployed workers.  All of these proposals further prevent economic recovery, undermine the spirit of the unemployment system, and essentially tar the unemployed as drug addicts.  Republican obstructionism and inaction has reached a critical point, and without action on these issues the nation will face even greater hardship than the Great Recession has already inflicted.  More coverage here.

Categories: Legislative Action Tags: Congress, Emergency Unemployment Benefits, Extended Unemployment Benefits, Great Recession, Labor and Employment, Unemployment Benefits

The public policy research group Dēmos and the non-profit Young Invincibles, published a new report which came out last month.  The report analyzes the economic status of the “Millennial Generation” as compared to previous generations.  ”The analysis reveals the failure of public investment and public policy to provide young people with the means to achieve economic security and sustain the middle class.”  The report can be found here.

Introduction to the Jobs and the Economy section:

“Our nation has experienced profound economic change over the last three decades. Globalization, new technologies, and deliberate public policies shifted our economy from the production of goods to the production of knowledge and services. As millions of unionized factory jobs moved overseas, our nation lost a primary source of middle-class jobs for people without college degrees. Less-educated workers now have few options outside of non-unionized, low-wage service occupations.”

Categories: General News Tags: Demos, Economic Security, Jobs, Labor and Employment, Middle Class, Unions

The National Employment Law Project (NELP) published an excellent paper in October, arguing for a one-year extension of the Federal Unemployment Insurance benefits for unemployed workers.  The paper is entitled “Hanging On By a Thread: Renew Federal Unemployment Insurance to Aid Families, Boost Stalled Economy”

The paper states: “Unless Congress reauthorizes the current federal extension programs before the December 31st deadline, millions of workers and their families will be left without their primary means of support to buy food, pay the rent or mortgage, and cover their other most basic necessities.”

NELP’s paper also argues that extending benefits will help families as well as give the economy a leg up:  “Consistent with the prior research, [Wayne Vroman of the Urban Institute] found that the nation’s economy grew by $2 for every dollar spent on unemployment insurance during the latest recession, as unemployed workers spent their benefits in their communities at grocery stores, gas stations, and other retailers and service providers.”

Majority Leader Harry Reid has vowed to keep Congress in session in D.C. until federal unemployment benefits are renewed for the coming year, even if they have to work through the holidays to do so.

Categories: General News Tags: Congress, Emergency Unemployment Benefits, Extended Unemployment Benefits, Jobs, Legislation, NELP, President Obama, Unemployment Benefits

Last, week, the International Association of Machinists and Aerospace Workers (IAMAW) and Boeing reached a tentative agreement which would extend the Union’s contract for four years and, when ratified, will increase wages, maintain and improve traditional pensions and add new jobs.  The Union and Boeing have been in a troubled relationship recently since Boeing decided to build a new plant for its 787 Dreamliner in South Carolina where unions are weak.  The National Labor Relations Board filed a suit claiming that Boeing had decided to build the new plant in South Carolina in illegal retaliation against the Union for striking.  That case now looks like it may be dropped if the new contract is ratified by the Boeing employees.   Additional coverage here.

Categories: General News Tags: Collective Bargaining Agreement, IAMAW, Jobs, Labor and Employment, NLRB, Unions

Hank Patterson and Narendra Ghosh will present a paper they co-wrote at the upcoming 18^th Annual Workplace Torts & Workers’ Comp CLE, which is put on by the NCAJ and will be held at the Friday Center in Chapel Hill on Friday December 2, 2011.  Their paper is entitled “Future Medical Treatment: Substance and Procedure for § 97-25.1”.  Hank is also a co-chair of the CLE.

Introduction:

“The provision for extending the two-year time limitation for medical treatment is not often discussed, but it can make a profound difference for claimants who need medical care in the future. This paper discusses the development of this provision in N.C. Gen. Stat. § 97-25.1, as well as the substantive and procedural issues raised by the statute.”

Categories: News of the Firm Tags: Articles, CLE, Future Medical Treatment, Hank Patterson, Medical Compensation, Narendra Ghosh, NCAJ, Presentation, Workers' Compensation

Yesterday, the Supreme Court of the United States granted a writ of certiorari in Christopher v. SmithKline Beecham Corp.  The Ninth Circuit’s opinion, now on appeal, can be viewed here.  The issue was whether pharmaceutical sales representatives are “outside salesman” as referenced in Section 213(a) of the Fair Labor Standards Act and therefore exempt from legal overtime requirements.  The Ninth Circuit Court of Appeals determined that the salespeople were exempt from overtime, thus refusing to defer to the Department of Labor’s regulations on this issue.

The Supreme Court has granted review on these issues:

“(1) Whether deference is owed to the Secretary of Labor’s interpretation of the Fair Labor Standards Act’s outside sales exemption and related regulations; and (2) whether the Fair Labor Standards Act’s outside sales exemption applies to pharmaceutical sales representatives.”

The petition for certiorari may be viewed here.

Categories: Judicial Decisions Tags: Appeals, Case Commentary, Department of Labor, FLSA, Labor and Employment, Ninth Circuit, Overtime, Sales Representatives, US Supreme Court, Wage and Hour

President Obama this week signed into law the first portion of his jobs package. The bill, H.R. 674, which had vast bipartisan support, also known as VOW to Hire Heroes Act, creates tax incentives for companies to hire veterans, especially those who have been unemployed for more than six months and those with service connected disabilities.  Though there has been very little action from Congress on the jobs front, this is an encouraging first step.  Hopefully the House and Senate can get their act together and start really helping unemployed workers secure employment, and in doing so jump-start the economy.  More on the bill here.

Categories: General News Tags: Congress, Jobs, Labor and Employment, Legislation, President Obama, Tax Credits, Veterans