DOL Issues Still in the News

They may not be garnering as much interest as who’s using which bathroom, but a couple of noted controversial rulings by the Department of Labor continue to be very much in the forefront.  On the somewhat positive side of the ledger, DOL’s new overtime threshold, which had previously been projected to equate to $50,440 is…

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DOL Persuader Rule Now In Effect

Although there are still challenges in play to the Department of Labor Persuader Rule, the new regulation went into effect this past Monday, April 25.  Notwithstanding, the DOL states the rule is only applicable to arrangements and agreements made on or after July 1, 2016 and to payments made pursuant to arrangement and agreements entered…

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Alabama Punctuates Opposition to Persuader Rule

The state of Alabama became the 10th state to petition the federal District Court for the Eastern District of Arkansas for an injunction against the Department of Labor regulation.  The DOL rule essentially negates the employer’s attorney-client privilege and tips the scales in favor of organized labor in union representation elections at private companies.  Alabama…

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Appeals Court Upholds NLRB Ruling vs Franchisee

The aforementioned NAM Challenge to the persuader rule was filed in the District Court for Arkansas which falls within the jurisdiction of 8th US Circuit Court of Appeals.  That same court by a 2-1 decision rendered just weeks ago, upheld an NLRB ruling against a Jimmy John’s franchisee in Minnesota who fired six workers for…

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Comments End on DOL Sick Leave

For those of you who may enjoy a business on federal land or otherwise have a federal contract of some sort, we remind you that the public comment period for the paid sick leave mandate on federal contractors, closes on Tuesday, April 12.  The DOL regulation mandates that covered employers provide paid sick leave at…

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DOL Persuader Rule Challenged in Court

Speaking of federal courts, it seems the US District Court for the Eastern District of Arkansas just became ground zero for the initial fight over the Department of Labor Union Persuader Rule, just finalized last week.  In response, a lawsuit was filed this week by the National Association of Manufacturers, the Arkansas Chamber of Commerce…

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California Agrees on $15 Minimum Wage

In a surprise one-sided agreement, California Governor Jerry Brown, legislative leaders and labor unions agreed to increase the state minimum wage to $15 an hour by 2022.  Small businesses are said to be granted an additional year to comply. The agreement resulted from discussions between the legislature, the Governor’s office and a number of labor…

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DOL Finalizes Persuader Rule

On Wednesday of this week, the Department of Labor (DOL) issued its final rule of the “Advice” Exemption in Section 203(c) of the Labor-Management Reporting and Disclosure Act – more commonly known as the persuader rule.  In the context of unionization efforts within a business, the rule requires employers to disclose to DOL conversations with…

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Congress Tries To Reign In DOL Overtime Rule

The aforementioned persuader rule is only one of a host of significant changes being foisted upon American business by the Department of Labor.  As we reported last week, DOL has sent its proposed final rule on the overtime threshold to OMB for final approval prompting Congress to consider legislation to overturn DOL’s dramatic expansion of…

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Department of Labor Pushes Mandatory Sick Leave

Last week, the Department of Labor (DOL) tipped their hand by sending one of their executives to Massachusetts to testify in support of a legislative proposal mandating sick leave for all private sector employees.  This week, they threw in for “the full Monty” with the department formally proposing a rule that will mandate paid sick…

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