The National Labor Relations Board issued a new joint employer rule. The rule specifies that a joint employer relationship exists if parties share or codetermine one or more of the employees’ essential terms and conditions of employment. The new rule should make it easier to establish that a facility, user employer of contract, or temporary employer is liable for any violation of the National Labor Relations Act. It goes into effect on February 26, 2024.
The National Labor Relations Board issued an important decision on union elections in Cemex Construction Materials, LLC. In this decision, the Board announced that if the employer demands an election after being presented with proof of majority support, the Board will hold the election. But if the employer then commits unfair labor practices interfering with the election, the Board will order the employer to recognize and bargain with the union. The White House has stated that this decision better respects workers’ true preferences.
In other cases, the National Labor Relations Board has also:
- Clarified that one employee’s complaints can be concerted if the issue can impact other workers. Thus, it is protected activity by the National Labor Relations Act.
- Held that, similar to employees, applicants for hire are protected by the National Labor Relations Act.
The U.S. Supreme Court clarified employers’ ability to deny an employee’s religious accommodation request in Groff v. DeJoy, Postmaster General; Decision No. 22-174 (06/29/2023). An employer denying a request for a religious accommodation must demonstrate that the accommodation would result in substantial increased costs in relation to the conduct of the particular business. Otherwise, employers must accommodate workers under Title VII.
The U.S. Department of Labor is proposing to expand the number of employees who receive overtime pay under the Fair Labor Standards Act. Regardless of title or duties, a worker earning less than the set minimum is entitled to one-and-a half times their regular rate of pay for any work over 40 hours in one week. Currently the minimum salary is set at $35,568. The proposed rule would increase this number to $55,000. The comment period on the proposal has closed.