- Written by Glen A. Williams
A breaking news article was posted this afternoon on Law360.com, providing welcome news, and at least temporary relief, to employers and their labor attorneys regarding the Department of Labor’s new “persuader rule.” Following is the pertinent text of the article:
Law360, New York (June 27, 2016, 3:15 PM ET) -- A Texas federal judge on Monday entered a nationwide injunction barring the U.S. Department of Labor from enforcing its so-called “persuader” rule, saying it threatens employers’ rights to secure legal advice about union organization.
U.S. District Judge Sam Cummings found the DOL likely exceeded its authority in passing the rule, which requires labor relations consultants, including attorneys, to file disclosure reports specifying the nature of “persuader activities” undertaken with employers. The rule interprets the Labor Management Reporting and Disclosure Act of 1959, which regulates labor unions' internal affairs and their officials' relationships with employers.
- Written by Anthony Oceguera
Smoking tobacco in enclosed spaces in the workplace has been generally prohibited in California since 1995. This ban included requirements that employers take reasonable steps to prevent smoking by non-employees if non-employees are regularly permitted access to the workplace. Employers have also been required to post clear and prominent signs stating that smoking is prohibited throughout the building or structure. This includes posting a sign at each entrance stating “No smoking.” If employers permit smoking in certain designated areas, employers have been required to post at sign at each entrance stating “Smoking is prohibited except in designated areas.”
These longstanding restrictions did not, however, reach all workplaces. It was also mostly limited to cigarette use. Several new bills signed into law recently will eliminate most of those exceptions and will expand the prohibitions to encompass increasingly popular cigarette alternatives like vaping and e-cigarettes.