The Family and Medical Leave Act (FMLA) allows eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. Employees that are eligible under the Act can take up to 12 workweeks of FMLA leave in a 12-month period for the birth, adoption or placement of a child, to care for a family member with a serious health condition, or because they are unable to work due to their own serious health condition.Continue Reading Changes Proposed for The Family and Medical Leave Act to Affect Veterans

There is new information on the definition of “son or daughter” as it applies to an employee that wants to take leave under the Family and Medical Leave Act (“FMLA”) to care for a child with a disability who is 18 years of age or older.

Continue Reading FMLA Expands the Definition of “Son” or “Daughter”

The D.C. Circuit Court of Appeals recently decided that the recess appointments made by President Obama for openings on the National Labor Relations Board were unconstitutional. The President appointed Sharon Block, Terence F. Flynn, and Richard F. Griffin on January 4, 2012 pursuant to the authority granted to him by the Recess Appointments Clause of the Constitution.  This section of the Constitution allows the president to fill “vacancies that may happen during the Recess of the Senate.”Continue Reading Recess Appointment to NLRB Run Afoul of Constitutional Guidelines

The National Labor Relations Board (the "NLRB" or the “Board”) has ruled that a mandatory arbitration agreement preventing employees from pursuing class or collective claims against their employer is unlawful under the National Labor Relations Act (“NLRA” or the “Act”). 

In D. R. Horton, Inc., the Board held that merely maintaining such agreements with nonsupervisory employees constitutes an unfair labor practice by interfering with nonsupervisory employees’ right, under Section 7 of the Act, to engage in “concerted activities” to affect wages, hours, and other terms and conditions of employment. The Board further ruled that an arbitration agreement requiring nonsupervisory employees to submit all employment-related claims to arbitration violates the NLRA by leading employees to believe that they may not file unfair labor practice charges with the Board. While the Board sought to downplay the scope of its ruling, the decision not only may increase the number of class and collective actions filed, but also means that both unionized and non-unionized employers throughout most of the private sector should review, and potentially rewrite, the arbitration provisions contained in their employment agreements, handbooks, and policies.

 Continue Reading NLRB Decision Impacts Unionized and Non-unionized Employers

As we begin the new year – 2012, it is especially important for U.S. Virgin Islands employers to review their employee handbooks to ensure that they are both legally compliant and up to date with current practices.  A number of  changes in federal and territorial employment laws have taken place over the past year and are slated to become effective in 2012, requiring employers to act now. Continue Reading New Year Provides Opportunity to Review and Update Employment Policies

What if I told you that you could pay your U.S. Virgin Islands employees $2.13/hr, legally? You would probably say, “Sign me up!” As many employers in the Territory already know, if you are in the tourist service or restaurant industry, you can pay your employees that traditionally receive tips, no less than $2.13/hr in direct wages.

The Virgin Islands Department of Labor, Division of Labor Relations, has promulgated regulations that put strict guidelines on what is allowed in paying tipped employees and how such tips are distributed. It is essential, however, for employers who are in the tourist service and restaurant industries to abide by these regulations, or risk facing an exhaustive investigation and audit by the Virgin Islands Department of Labor with risk of fines and penalties.

 Continue Reading The Tipping Point: How to Pay Your USVI Employees $2.13/ hr.

The National Labor Relations Board (“NLRB” or the “Board”) has issued final rules that will require most private employers in the U.S. Virgin Islands and throughout the United States to post in the workplace by November 14, 2011 a notice informing employees of their rights under the National Labor Relations Act (“NLRA”), including their right to form and join labor unions. This new posting requirement is similar to one imposed last year on federal contractors pursuant to an Executive Order from the President. The new rules mark the first time that private employers other than government contractors have been required to post a notice informing employees of the full range of their NLRA rights. It should be noted that at least one lawsuit has already been filed challenging the NLRB’s authority to issue the new rules. 

Continue Reading VI Employers Required to Inform Employees of Right to Form and Join Labor Unions