labour law assignments

Key Legislation

Government agencies, judicial/administrative decisions, study aids & practice materials, current awareness, professional, advocacy, & research organizations, getting help, getting started.

Labor vs. Employment Law?

Labor law and employment law are related but the terms should not be used interchangeably. Labor law in the United States typically focuses on unions and collective bargaining between unions and employers. By contrast, employment law governs the employment relationship between individual employees and their employer. The two areas of law are closely related but are often distinct areas of legal practice.

This guide will focus on the laws that govern collective bargaining and labor relations in both the private and public sectors and research resources you may find useful. A separate research guide on employment law is in the works.

Federal Legislation - Private Sector

• Railway Labor Act May 20, 1926, ch. 347, 44 Stat. 577 (1926); 45 U.S.C. §§151-188 Regulates the labor-management relations of railroads and airlines. Created the National Mediation Board and the National Railroad Adjustment Board.
• Norris-La Guardia Act (a/k/a the Anti-Injunction Bill) The Act of March 23, 1932 (Ch. 90, 47 Stat. 70); 29 U.S.C. §§101-115 Established the right of employees to form unions without employer interference, prevented federal courts from issuing injunctions in nonviolent labor disputes, and made "yellow-dog contracts" (where employees agree to not join a labor union as a condition of employment) unenforceable in federal court.
• National Labor Relations Act (a/k/a Wagner Act) Pub. L. No. 74-198, 49 Stat. 449 (1935); 29 U.S.C. §§151-169 Guaranteed the right of private sector employees to organize, form union, and bargain collectively with their employers. Created the National Labor Relations Board.
• Labor Management Relations Act (a/k/a Taft-Hartley Act) Pub. L. No. 80-101, 61 Stat. 136 (1947); 29 U.S.C. §§141-187 Amended the National Labor Relations Act by adding a list of unfair labor practices (by unions) and other requirements and restrictions imposed mainly on unions.
• Labor-Management Reporting and Disclosure Act (a/k/a Landrum-Griffin Act) Pub. L. No. 86-257, 73 Stat. 519 (1959); 29 U.S.C. §§401-531 Regulates the relationship between a labor organization and its members and imposes certain reporting requirements and fiduciary obligations on labor organizations and their officers. The Department of Labor has exclusive enforcement authority for certain provisions of this statute relating to reporting requirements, trusteeships, and elections. Other provisions of this statute may be enforced by individual union members in federal district court.

Federal Legislation - Public Sector

• Federal Service Labor-Management Relations Statute (a/k/a The Civil Service Reform Act of 1978 or simply, The Statute) Pub.L. No. 95–454, 92 Stat. 1111 (1978); 5 U.S.C. §§7101-7135 Law establishing collective bargaining rights for federal employees. (Title VII of the Civil Service Reform Act of 1978.) Abolished the U.S. Civil Service Commission and created the Office of Personnel Management, the Merit Systems Protection Board, and the Federal Labor Relations Authority.

Federal Legislative History

• U.S. Federal Legislative History Library (HeinOnline) Background on the above federal statutes can be found in the collections made available by HeinOnline. The statutes may be searched by Publication Title, Public Law Number, or by the Popular Name of the statute.

State Legislation - Public Sector

• American Federation of State, County, and Municipal Employees (AFSCME) A collection of links to state public sector collective bargaining laws.

National Labor Relations Board (NLRB)

The National Labor Relations Board (NLRB) is the federal agency charged with the administration and enforcement of the National Labor Relations Act. Consists of two branches: the General Counsel and the National Labor Relations Board. The General Counsel is granted investigative and prosecutorial authority and issues guidance to NLRB staff in the form of memoranda. The 5-person National Labor Relations Board is an adjudicative tribunal that interprets the statute and issues decisions that may be appealed to the US Circuit Courts of Appeal.

• NLRB Website
• Regulations (29 C.F.R. § 100.101-103.100) Found in Title 29 Subtitle B Chapter I of the Code of Federal Regulations.
• NLRB Decisions and Orders The NLRB acts primarily through its decisions and orders, where it either agrees or disagrees with an earlier administrative law judge's ruling on the matter. An NLRB decision may then be appealed directly to the U.S. Circuit Courts of Appeal (as opposed to being appealed at the district court level of the federal courts).
• Reports & Guidance
• NLRB Legal Research Resources & Tools

National Mediation Board (NMB)

The National Mediation Board (NMB) is a federal agency designed to facilitate labor-management relations in the nation's railroad and airline industries. Specifically, the NMB regulates the procedures for evaluating requests by employee groups for union representation, acts as a mediator in disputes regarding the terms and conditions of employment, and interprets contract language it helped finalize. Matters in which the NMB has exclusive jurisdiction are subject to very limited review by federal courts.

• NMB Website
• Regulations (29 C.F.R. § 1200-1299) Found in Title 29 Subtitle B Chapter X of the Code of Federal Regulations.
• NMB Determinations

National Railroad Adjustment Board

The National Railroad Adjustment Board (NRAB) is a standing arbitration board that hears and decides disputes regarding the application and interpretation of collective bargaining agreements. Matters in which the NRAB has exclusive jurisdiction are subject to very limited review by federal courts.

• NRAB Website
• Regulations (29 C.F.R. § 301.1-301.9) Found in Title 29 Subtitle B Chapter III of the Code of Federal Regulations.

Federal Labor Relations Authority

The Federal Labor Relations Authority (FLRA) is an independent federal agency that governs labor relations between the federal government and its employees.

• FLRA Website
• Regulations (5 C.F.R. § 2411.1-2473.1) Found in Title 5 Chapter XIV of the Code of Federal Regulations.
• FLRA Decisions Includes FLRA Decisions, Administrative Law Judge Decisions, Solicitor's Briefs, archival decisions, and legislative history.

Office of Labor-Management Standards

Part of the Department of Labor, the Office of Labor-Management Standards (OLMS) administers and enforces most provisions of the Labor-Management Reporting and Disclosure Act of 1959. Maintains copies of financial and other reports filed by unions, union officers, employers, etc., as well as union constitutions, by-laws, and collective bargaining agreements. Be sure to also check the website of a particular union, as relevant documents may be posted there as well.

• OLMS Website
• Regulations (29 C.F.R. § 400-499) Found in Title 29 Subtitle B Chapters II and IV of the Code of Federal Regulations.
• Agency Determinations/Decisions Includes Election Decisions, Trusteeship Decisions, and other types of decisions/determinations made by the OLMS.
• Criminal and Civil Enforcement Actions
• Online Public Disclosure Room Includes union reports, collective bargaining agreements, and other documentation.

State Labor Agencies

• US Dept of Labor links to all state labor offices
• Association of Labor Relations Agencies (ALRA) Links to U.S. state labor relations and mediation agencies and boards.

Agency Websites

Agency websites generally provide access to more recent agency decisions and determinations, though commercial legal research platforms may be easier to search. (See "Government Agencies," above, for more information and links to relevant agencies.)

Commercial Legal Research Platforms

• Bloomberg Law/BNA's Labor PLUS Bloomberg Law's Labor PLUS component (previously known as "BNA Labor PLUS") allows you to access an NLRB Elections database, Work Stoppages database, Unfair Labor Practice Charges database, Settlement Summaries database, Contract Expirations database, and a Collective Bargaining Agreements database. You can also find a Labor Arbitration Awards tracker and more.

Practice Materials

• NLRB Casehandling Manual Available from NLRB.gov website In 3 Parts (PDF format). Part 1 - Unfair Labor Practice Proceedings; Part 2 - Representation Proceedings; and Part 3 - Compliance Proceedings.
• NLRB Forms Available from NLRB.gov website (PDF format). Includes Unfair Labor Practice (ULP) Case Forms, Representation (R) Case Forms, and others.

• Onlabor.org OnLabor is a blog dev­oted to workers, unions, and their politics, founded by Harvard Law School professors Benjamin Sachs and Jack Goldsmith.

Professional Associations

• ABA Section on Labor and Employment Law The Section's members represent all perspectives of labor and employment law (i.e., management, union, plaintiff, neutral and public) and strives for a balanced discussion of employment issues throughout the world.
• Labor and Employment Relations Association (LERA) The Labor and Employment Relations Association (LERA) is where professionals interested in all aspects of labor and employment relations network to share ideas and learn about new developments, issues, and practices in the field.

Advocacy & Research Groups

• AFL-CIO (American Federation of Labor and Congress of Industrial Organization) Website for the largest federation of unions in the U.S. (consisting of 56 national and international unions).
• The Worker Institute (at Cornell University's ILR School) The Worker Institute engages in research and education on contemporary labor issues, to generate innovative thinking and solutions to problems related to work, economy and society.
• United Association for Labor Education The United Association for Labor Education is an organization of labor educators launched at the start of the century to promote and encourage the development of labor and worker education, to make labor education accessible to all working people, and to promote collective bargaining and the right to organize.
• Labor Research & Action Network The Labor Research and Action Network (LRAN) connects academics and labor practitioners to build workplace and economic power for working people in the US.

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• Last Updated: Sep 12, 2023 10:46 AM
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assignment on labour law.pdf

2018, Tort law

recent development of tort law in BD

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Labor Commissioner's Office

Dlse - glossary.

"Abuse" means the following:

• Intentionally or recklessly to cause or attempt to cause bodily injury.
• Sexual assault.
• Placing a person in reasonable apprehension of imminent serious bodily injury to that person or to another.
• Engaging in any of the following behavior: molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, harassing, telephoning, including, but not limited to, annoying telephone calls, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of the other party. Family Code Section 6203

administrative exemption

A person employed in an administrative capacity means any employee:

• Whose duties and responsibilities involve either:
• The performance of office or non-manual work directly related to management policies or general business operations of his or her employer or his or her employer's customers, or
• The performance of functions in the administration of a school system, or educational establishment or institution, or of a department or subdivision thereof, in work directly related to the academic instruction or training carried on therein; and
• Who customarily and regularly exercised discretion and independent judgment; and
• Who regularly and directly assists a proprietor, or an employee employed in a bona fide executive or administrative capacity, or
• Who performs, under only general supervision, work along specialized or technical lines requiring special training, experience, or knowledge, or
• Who executes, under only general supervision, special assignments and tasks, and
• Who is primarily engaged in duties which meet the test for the exemption.
• An administrative employee must also earn a monthly salary equivalent to no less than two times the state minimum wage for full-time employment. Full-time employment means 40 hours per week as defined in Labor Code Section 515(c) .

Following are examples of employees who might qualify for the exemption if, and only if, they meet the criteria set forth above:

• Employees who regularly and directly assist a proprietor or exempt executive or administrator. Included in this category are those executive assistants and administrative assistants to whom executives or high-level administrators have delegated part of their discretionary powers. Generally, such assistants are found in large establishments where the official assisted has duties of such scope and which require so much attention that the work of personal scrutiny, correspondence and interviews must be delegated.
• Employees who perform, only under general supervision, work along specialized or technical lines requiring special training, experience or knowledge. Such employees are often described as "staff employees," or functional, rather than department heads. They include employees who act as advisory specialists to management, or to the employer's customers. Typical examples are tax experts, insurance experts, sales research experts, wage rate analysts, foreign exchange consultants, and statisticians. Such experts may or may not be exempt, depending on the extent to which they exercise discretionary powers. Also included in this category would be persons in charge of a functional department, which may even be a one-person department, such as credit managers, purchasing agents, buyers, personnel directors, safety directors, and labor relations directors.
• Employees who perform special assignments under only general supervision. Often, such employees perform their work away from the employer's place of business. Typical titles of such persons are buyers, field representatives, and location managers for motion picture companies. This category also includes employees whose special assignments are performed entirely or mostly on the employer's premises, such as customers' brokers in stock exchange firms and so-called "account executives" in advertising firms.

Regarding the requirement for the exemption to apply that the employee "customarily and regularly exercises discretion and independent judgment," this phrase means the comparison and evaluation of possible courses of conduct and acting or making a decision after the various possibilities have been considered. The employee must have the authority or power to make an independent choice, free from immediate direction or supervision and with respect to matters of significance. With respect to the administrative exemption, this phrase has been most frequently misunderstood and misapplied by employers and employees alike in cases involving the following:

• Confusion between the exercise of discretion and independent judgment, and the use of skill in applying techniques, procedures, or specific standards.
• Misapplication o the phrase to employees making decisions relating to matters of little consequence.
• Perhaps the most common misapplication is the application of the exemption to employees engaged in production aspects of the employer's business as opposed to administrative functions.

Caveat. As with any of the exemptions, job titles reflecting administrative classifications alone may not reflect actual job duties and therefore, are of no assistance in determining exempt or nonexempt status. The fact that an employee may have one of the job titles listed above is, in and of itself, of no consequence. The actual determination of exempt or nonexempt status must be based on the nature of the actual work performed by the individual employee.

adverse action

An act or action taken by an employer against an employee that works to the employee's detriment in some aspect of his or her employment, including a poor evaluation, surveillance, an unfavorable recommendation for a promotion, less desirable duties, a transfer, demotion, a cut in pay, or a discharge.

Used in the context of "victim of domestic violence" signifies the connection existing in consequence of marriage between each of the married persons and the blood relatives of the other. Family Code Section 6205

alternative workweek schedule

Any regularly scheduled workweek requiring an employee to work more than eight hours in a 24-hour period.

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Your Guide to 2024 California Employment Laws

As it usually does, this year’s legislative session ended with hundreds of bills hitting Governor Gavin Newsom’s desk, many of which will impact employers’ compliance efforts.  This white paper offers an overview of some of the newly signed laws of which employers should be aware, including laws related to leaves of absence; the forthcoming workplace violence safety requirements; discrimination, harassment and retaliation; notice requirements; the fast food and health care minimum wages; and more. 

Download CalChamber's free white paper,  Your Guide to 2024 California Employment Laws , to learn more.

Unless otherwise stated, these new laws are effective starting January 1, 2024. 

Published November 1, 2023

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On September 15, 2023, New York Governor Kathy Hochul signed into law a new section of the New York Labor Law limiting the assignment of inventions by employees to their employers. Specifically, Section 203-f of the Labor Law renders unenforceable provisions in employment agreements that require employees to assign certain inventions to their employer which were developed using the employee’s own property and time. The new law became immediately effective upon Governor Hochul’s signing.

New Labor Law Section 203-f bans the enforcement of invention assignment agreements that entitle employers to intellectual property developed by employees entirely on their own time without using their employer’s equipment, supplies, facilities, or trade secret information; unless the invention relates at the time of conception or reduction to practice of the invention to the employer’s business, or actual or demonstrably anticipated research or development of the employer, or if the invention results from any work performed by the employee for the employer. Section 203-f further provides that a requirement in an employment agreement that an employee assign, or offer to assign, any of his or her rights in an invention developed on his or her own time to an employer is against New York State public policy and shall be unenforceable. Notably, Section 203-f does not state that such a provision renders an entire employment agreement unenforceable if it contains such a provision and does not create a private right of action.

The new bill was originally sponsored by New York State Senator Jessica Ramos from the 13th Senate District. State lawmakers approved the legislation in June 2023 after other States, including California, Illinois, New Jersey, and Nevada approved similar protections.

In fact, the bill provides protections similar to California’s Labor Code Section 2870. However, the New York legislation differs from its California counterpart in that California Labor Code Section 2870 includes language that explicitly allows employers to require employees to disclose all inventions employees develop during the term of their employment. California also places a burden on employees to prove that their inventions are not covered by their employee invention assignment agreement.

As a result, employers should review their employment agreements in New York to ensure they comply with the new law and draft any new agreements accordingly. Jackson Lewis attorneys continue to monitor further developments. 

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TravelNursing

Enjoy Your New Home but Don’t Forget the One Year Rule

By Joseph Smith EA / MTax, contributor

One great benefit to travel assignments is the opportunity to experience a community for a longer stretch of time and absorb the local culture. Week-long vacations never provide the intimate knowledge of an area that a three-month assignment does, and if a traveler enjoys the work at the facility and the community, there is often an opportunity to extend.

Additionally, if the traveler has a tax residence, he or she can continue to enjoy the benefits of tax-free travel reimbursements. As great as that sounds, the party cannot continue forever, as tax regulations prohibit a traveler from receiving tax-free housing or reimbursements for more than a year in one geographical area.

The One Year Rule

Tax-free travel benefits like provided housing, per diems, tax advantage programs and allowances are only available to those that are working away from their tax home temporarily . Temporary is defined as an assignment not to exceed 12 months in one metropolitan area. This was not the case prior to 1992. Prior to 1992 and the legislative provisions that changed the rule, temporary was defined as work  away from home for less than 2 years, regardless of the location of the assignment. The focus shifted to the location rather than the length of transitory job sites.

Applied to travel nurses and other healthcare travelers

The One Year Rule has a broad application. Tax homes are defined as where an individual earns the majority of their income unless they fall under the exceptions for temporary assignments and the engagement does not exceed a year in one location. The 12-month measurement focuses on the continual income in the area to avoid creating a tax home at the temporary job site. Working on a different floor, with a different agency, a different facility across town or taking up another temporary residence within the same metropolitan area does not change the fact that the taxpayer is receiving a continual stream of income in the same area. Additionally, the fact that each contract is for a term less than twelve months, does not “restart the clock”. All assignment extensions in the same area are considered a continuation of the first.

The rationale that Congress had when establishing this benchmark is that it would be unreasonable to expect someone to move their residence to work only for a year. Even though one year may seem short term, a line had to be drawn to prevent abuse of the benefit.

Agency due diligence

A staffing agency is required to question a traveler about their work history to determine if there is a possibility that the one year rule will be broken during the engagement. In addition to the work history that a traveler submits to the agency, many Tax Home Declaration statements will contain a question about the traveler’s work history. Failing to review this could result in some harsh penalties assessed on the agency by the IRS in an audit.

Occasionally, a traveler works multiple contracts that orbit a particular area. For example, if a traveler works in Thousand Oaks, Calif., then Long Beach and Pomona, even though these towns may be construed as different areas, they are still considered the same tax base as one could live in the middle of the assignments and have a reasonable commute. Additionally, if a traveler continues to do this multiple years, the business necessity of maintaining a home in another part of the country ceases as it would be more reasonable for the taxpayer to move their residence closer to the long-term source of income since it was all earned in the same region.

After a year

Once the 12-month time is reached, all reimbursements are to be treated as taxable income subject to Social Security and Medicare taxes. This includes the fair market value of any housing provided by the agency. Just because the agency pays for the lodging, it is still a constructive receipt of income to the recipient/beneficiary as it is a substitute for wages.

What restarts the clock?

In our next article, we will explore the break-in-service rules and what is necessary to restart the clock.

About the author: Joseph Smith is an IRS Enrolled Agent (EA) and former travel respiratory therapist whose firm, TravelTax, provides tax preparation and audit representation for the mobile professional.

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