“Underground” Regulations Proliferate

Enacting laws by Executive Order without Congressional approval seems to fall right in line with the lack of transparency and public scrutiny which the Obama administration is leaving as its legacy.  The National Federation of Independent Business (NFIB) released a report recently in which they point to a dramatically rising tide of regulatory mandates, opinions…

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NLRB Expands Union Reach

The National Labor Relations Board expanded the reach of SEIU Local 1199 in a decision it upheld last month stemming from a Massachusetts case.  In Southcoast Hospital Group and 1199 SEIU, United Healthcare Workers East, the NLRB upheld the decision of an administrative judge that the hiring and transfer policy of the hospital group violated…

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Union Seeks Exemption from Minimum Wage

Speaking of minimum wages, the Los Angeles County Federation of Labor submitted a minimum wage hike proposal to the Santa Monica City Council that exempts the union from the $15/hour wage they advocate.  The union hid the exemption, which would allow those employers with collective bargaining agreements to pay less than the minimum in the…

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NLRB Charges Union with Violations

In a “man bites dog” story if ever there was one, the National Labor Relations Board filed charges last week against a California healthcare union, Service Employees International Union – United Healthcare Workers West!   The union is accused of forcing a nurse’s aide to pay dues without advising him of his right to opt out…

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But a Tiger Can’t Change Its Stripes

Just when you hope the NLRB is showing balance between labor and business, we learn of a decision they rendered in a Connecticut dispute (that was overturned by the federal court).  Our friends at Bennett Law Firm advised us this week that the DC Court of Appeals overturned the NLRB in a 5 year old…

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DOL Moves Minimum Wage Up Again

The Department of Labor’s Wage and Hour Division has given notice that the minimum wage required to be paid by all federal contractors to workers performing under those contracts will increase effective January 1, 2016. Notwithstanding that the minimum for these workers was increased to $10.10 per hour on January 1 of this year, it…

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Hope on the Horizon?

He’s only in single digits in current polls, but I suspect Wisconsin Governor Scott Walker hit a responsive chord with business interests this week when he advised that “the NLRB is broken beyond repair.”  In releasing “Power to the People – not the Union Bosses – Plan”, Governor Walker who is running for the Republican…

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DOL Refuses OT Comment Extension

Notwithstanding pleas from business interests around the country as well as the Advocacy Office of the Small Business Administration, the Department of Labor has denied requests for extension of the public comment period.  As a result of the Department of Labor’s intransigence, all public comment on the Wage & Hour Division proposal to more than…

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Still More Anti-business Labor Regulations

As if the egregious doubling of the “white collar exemption” weren’t enough, Obama’s Department of Labor has proposed another new regulation that is very friendly to organized labor at the expense of business.  Although QSRs will likely not be directly impacted, a new regulation proposed by the Department of Labor and the Federal Acquisition Regulatory…

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NLRB Upholds New Joint Employer Rule

In a much-anticipated decision, the National Labor Relations Board (NLRB) yesterday declared war on small businesses across the country and on the franchise industry in particular by upholding the new expanded definition of joint-employer.  By a partisan vote of 3-2, the full Board ruled that Browning-Ferris Industries (BFI) was a joint employer along with a…

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