Columbus, OH 614.285.5342
Mentor, OH 440.299.7992

Matt Austin


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Recent Publications

New Members to the National Labor Relations Board Will Be Appointed

President Barack Obama will nominate Nancy Schiffer and Kent Hirozawa to replace Richard Griffith and Sharon Block on the National Labor Relations Board. The two new Members were handpicked after close consultations supposedly between the Obama Administration and Richard Trumka, head of the AFL-CIO. As expected, the two new Board nominees have spent much of their professional lives advocating on behalf of unions. This deal averted the “nuclear option” but also removes obstacles to the NLRB proceeding with its aggressive pro-labor agenda. A fully functioning Board is poised to make sweeping changes, including issuing more expansive “quickie” or “ambush” election rules, moving forward with its persuader reporting rules, and continuing to change legal precedent as it has done over the past few years

Wednesday, Jul 17, 2013
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OSHA Reminds Carpenters About the Danger of Nail Guns

According to OSHA, nail guns are used every day on many construction jobs. They boost productivity but also cause tens of thousands of serious injuries each year. Nail gun injuries are common — one study found that 2 out of 5 residential carpenter apprentices experienced a nail gun injury over a four-year period (and I bet that number is much higher for weekend do-it-yourselfers who rent nail guns from the local hardware store). Injuries resulting from use of nail guns hospitalize more construction workers than any other tool-related injury. When they do occur, these injuries are often not reported or given proper medical treatment. Research has identified that the risk of a nail gun injury is twice as high when using a multi-shot contact trigger as when using a single-shot sequential trigger nailer.

Tuesday, Jul 16, 2013
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“Play or Pay” Delayed, But What Hasn’t Changed?

The individual mandate to have health coverage is still effective January 1, 2014. Because of the delay of the employer mandate, enrollment through the state health insurance marketplaces, as well as the number of individuals who qualify for a premium tax credit, may increase for 2014. So many other upcoming requirements must still be address, such as....

Wednesday, Jul 10, 2013
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DOL Game-Changing “Persuader Rule” Set to Take Effect in November 2013

The Department of Labor recently announced a November 2013 target implementation date for its revised, i.e. skewed against employers, “advice exemption” in the Labor Management Reporting and Disclosure Act (LMRDA). Currently, companies are not required to disclose to the federal government when they receive advice relating to labor relations, from who they received the advice, how much they paid for the advice, and the content of the advice. This is all about to change. The revised regulations impose expansive reporting requirements on employers, their labor relations consultants and possibly their attorneys representing an unprecedented intrusion into the attorney-client relationship.

Tuesday, Jul 09, 2013
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Recent Supreme Court Ruling on Who is a Supervisor Does Not Affect Supervisor Test Under National Labor Relations Act

By now you have heard that the U.S. Supreme Court recently ruled that an employee is a supervisor when the employer has empowered that worker “to take tangible employment actions against the victim,” including hiring, firing, failing to promote, reassignment, or some other action causing a significant change in employment status. See, Vance v. Ball St. Univ.

Sunday, Jun 30, 2013
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