Employer Law Blog

On February 2, 2017, the National Labor Relations Board issued a decision and order in the case of T-Mobile USA and CWA. In this case, T-Mobile, following substantial proof that the members of a collective bargaining unit no longer maintained majority support for representation by the CWA, pursued the strategy of continuing to honor the collective bargaining agreement but refused to negotiate over a successor agreement unless and until the representation issue was resolved.

What does Right to Work Mean? Employers are barred from: requiring employees to become, remain, or refrain from becoming a member of a labor organization; or pay dues or other charges required of labor organization members as a condition of employment. Any agreement, understanding, or practice, written or oral, implied or expressed, between any labor organization and employer that violates the rights of employees as guaranteed under Act is unlawful, null and void, and of no legal effect.

A slew of new laws went into effect on January 1 in Illinois. Below are key labor and employment laws: SB3163 creates the Illinois Freedom to Work Act providing that no employer may enter into a covenant not to compete with any low-wage employee. Low-wage employee is defined as a wage earner making the greater of the applicable minimum wage or $13.00 per hour. HB3554 directs the Illinois Department of Labor to search for employees who have been harmed by unpaid wages so they may recover what they are owed.

The Republican controlled General Assembly is getting a head start on the labor and employment front by pre-filing several pro-business labor and employment bills. Right to work- In general, the various bills in one form or another make contract clauses that require union membership as a condition of employment or continued employment null and void. Most of the bills do NOT apply retroactive. Accordingly, all present union security clauses in current collective bargaining agreements would remain in full force and effect. The “right to work” bills include Missouri House Bills 91, 42, and 131; and Missouri Senate Bills 19 and 21.

On August 1, 2016, Massachusetts became the first state to bar employers from asking about an applicant’s salary before offering them a job. Bill S.2119, which goes into effect January 1, 2018, states that it shall be an unlawful practice for an employer to seek the wage or salary history of a prospective employee from the prospective employee or a current or former employer. The law does not prohibit prospective employees from voluntarily disclosing such information. Further, an employer may seek or confirm a prospective employee’s wage or salary history after an offer of employment with compensation has been negotiated.