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Post-Election What In-House Counsel Need to Know and Do

Post-Election What In-House Counsel Need to Know and Do. John A. Entenman Detroit, Michigan. National Political Scene. Presidency: Democrat (up in 11/12) Challenger(s): Internal (Clinton); External Senate: Democrat (Some in name only) House: Republican (Some “ tea party ” ).

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Post-Election What In-House Counsel Need to Know and Do

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  1. Post-ElectionWhat In-House Counsel Need to Know and Do John A. Entenman Detroit, Michigan

  2. National Political Scene • Presidency: Democrat (up in 11/12) • Challenger(s): Internal (Clinton); External • Senate: Democrat (Some in name only) • House: Republican (Some “tea party”)

  3. Lame Duck Season • Tax Cuts (likely) • For all? • For the “non-rich”?

  4. Rush to pass proposed legislation? (unlikely) • EFCA • Paycheck Fairness Act (Equal pay, burden of proof) • Respect Act (Definition of “supervisor”) • Immigration Reform

  5. Whither “Obamacare” • Legal Status • Michigan • Florida • Virgina • To be amended? Partially repealed? Aspects defunded? • Law of unintended consequences

  6. Input on collective bargaining • No collective bargaining exception • Contract duration • Contract re-opener(s) • Broad employer-discretion contract language

  7. Advancing Labor’s Agenda • Office of Federal Contract Compliance Programs • Equal Opportunity Employment Commission • Offices of Minority and Women Inclusion (Dodd-Frank) • In each federal agency which regulates financial sectors • Extends to law firms

  8. National Labor Relations Board • Pro-labor • Expect rule-making and case law changes • EFCA-Lite • Narrow definition of supervisor • Weingarten rights to non-union employees

  9. No employer captive-audience speeches • Off-Site election voting • Members only, non majority bargaining • 100 employees • 40 = Union A • 40 = Union B • 20 = Union C or non-union

  10. TO DO • Engage in anti-union efforts now • Communication to and with employees • “Little Card – Big Trouble” • Education of employees and supervisors • Make sure your supervisors really are “supervisors” • Outsource non-core operations • Nirvana: Have no employees

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