Patterson Harkavy LLP » Legislative Action

NLRB to Speed up Unionizing Elections

Andrew — Tue, 03 Jan 2012 19:28:29 +0000

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.

Congress Extends Unemployment Benefits for Two Months

Narendra Ghosh — Mon, 02 Jan 2012 19:25:45 +0000

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.

Republicans Still Blocking Extended Unemployment Benefits

Andrew — Wed, 21 Dec 2011 22:35:18 +0000

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.

North Carolina Judges Diaz and Eagles Confirmed to Join Federal Bench

Narendra Ghosh — Thu, 23 Dec 2010 16:41:57 +0000

Ending two ridiculously long waits, the Senate has finally confirmed Charlotte Judge Albert Diaz to the Fourth Circuit Court of Appeals and Greensboro Judge Catherine Eagles to the Middle District of North Carolina. Both will be excellent judges, and their confirmations have been long overdue. Other North Carolina nominations are still pending though. Former Magistrate Judge Max Cogburn was unanimously approved by Senate Judiciary Committee a couple of weeks ago for a seat on the Western District of North Carolina federal court, but has not gotten a confirmation vote in the full Senate yet.

Unemployment Benefits Extended through 2011; More Help Needed

Narendra Ghosh — Sun, 19 Dec 2010 16:34:43 +0000

On Friday, President Obama signed the large tax cut bill that includes an extension of extended unemployment benefits through the end of 2011. While, the extension of those benefits was sorely needed, it is extremely unfortunate that the bill did not include additional spending measures that would stimulate the economy. As further evidence that the Great Recession continues, the latest report shows that North Carolina lost 12,500 jobs in November, more than any other state, pushing the statewide unemployment rate to 9.7 percent. Without further assistance, the economy is unlikely to grow enough to create the needed amount of jobs. And, 2011 state budget cuts, which are starting to be discussed, are likely to make things even worse.

Advances on Protecting Whistle-blowing and Social Networking of Employees

Narendra Ghosh — Sat, 27 Nov 2010 21:02:45 +0000

Two recent positive developments to report. First, breaking new ground, the National Labor Relations Board (NLRB) has charged a company with illegally firing an employee after she criticized her supervisor on her Facebook page. The NLRB’s press release is here. Coverage here.

Under Section 7 of the National Labor Relations Act, all employees — even those not represented by a union — are protected from retaliation when they engage in “protected concerted activity.” Although social networking is new, the NLRB has taken the commonsense view that employees have the right to jointly criticize their employer through Facebook, just as they would over the water cooler.

Second, the large financial reform law (Dodd-Frank) passed earlier this year includes some expanded provisions that support whistle-blowers in the financial industry. The SEC has now issued rules further defining this program. Coverage is here. Note also that the Dodd-Frank Act contains protections against retaliation toward whistle-blowers.

EEOC Issues New GINA Regulations

Narendra Ghosh — Sat, 20 Nov 2010 20:35:26 +0000

On November 9, 2010, the Equal Employment Opportunity Commission (EEOC) issued its final regulations implementing the employment-related provisions in Title II of the Genetic Information Non-Discrimination Act of 2008 (GINA). Details on the new regulations can be found at the Federal Register and at the EEOC.

Under Title II of GINA, it is illegal to discriminate against employees or applicants because of genetic information. Title II of GINA prohibits the use of genetic information in making employment decisions, restricts employers and other entities from requesting, requiring or purchasing genetic information, and strictly limits the disclosure of genetic information. More details on GINA can be found at the EEOC.

Congress Provides Funds to Save Teacher Jobs

Narendra Ghosh — Tue, 17 Aug 2010 13:04:35 +0000

Last week, the Senate finally passed the $26 billion package to aid states that are still reeling from the effects of the recession. The legislation provides $10 billion to retain teachers who might otherwise lose jobs to cutbacks, and an additional $16 billion to help states with rising health care costs. The bill was quickly passed by the House and signed by President Obama.

Of that amount, North Carolina received about $300 million to save teachers’ jobs. North Carolina leaders are now figuring out when and how to use the money. Obviously, one possibility would be to use some of the funds to re-hire teachers and teaching assistants who were recently laid off due to budget cuts. Also, some amount may be saved till next year, when the state’s deficit will reach its highest level.

Unemployment Extension Finally Passed Over Republican Filibuster

Narendra Ghosh — Mon, 26 Jul 2010 02:56:53 +0000

Senate Democrats, with the help of only two Republicans, were finally available to break the deadlock over the extension of unemployment benefits. President Obama signed the bill this past Thursday. This bill provides a continuation of the program of extended benefits for those who exhaust the standard 26 weeks of unemployment benefits. Coverage is here, here. Although this bill is only a small part of the jobs-boosting agenda Congress needs to have, it was still vital for millions of unemployed having great difficulty finding a job in this broken economy. For an example, see here. Although there appears to be too much opposition for additional action on jobs right now, one hopes both parties will come to their senses and realize that the federal government can and must do much more to create sustainable employment growth.

For those seeking benefits, see this note from the North Carolina Employment Security Commission: “On July 22, 2010, the extension of the Federal Emergency Unemployment Compensation (EUC08) program was signed into law. The new law extends the filing deadline, but it does not provide for additional EUC08 tiers. The ESC is working with the Department of Labor to implement this change as quickly as possible. If you are currently filing for benefits please continue to do so. If you are not currently filing for benefits our agency will notify you on how to reinstate your claim.”

NC Legislature Amends Guaranty Bill to Protect Workers’ Compensation Settlements

Narendra Ghosh — Thu, 15 Jul 2010 02:06:58 +0000

Last year, the State expanded the coverage of the North Carolina Guaranty Association to include structured settlement annuitities for North Carolina residents. This is especially important for people who receive annuities as part of a workers’ compensation or personal injury settlement. Coverage here. One part of the new law’s language was less than clear, which required an amendment. The amendment makes clear that annuity protection runs to the benefit of the actual beneficiary, the “payee” of the policy. The text can be found here. The amendment was enacted during the legislature’s short session this summer and signed by the governor. Hank Patterson and Narendra Ghosh assisted with the legislative effort.