Sinking Tip Pools

Congressional democrats have introduced a bill that would prohibit employers from retaining any tips regardless of internal pooling policies and would further mandate that all tips would be considered the property of employees. The bill has received the verbal support of Labor Secretary Alex Acosta along with other key republicans. In DC, the Board of…

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NLRB Asks For Court Review

Speaking of the NLRB, in the wake of it vacating its decision in the Hy-Brand case two weeks ago which restored the expansive definition of joint-employer, it has asked the DC Court of Appeals to resurrect its judicial review of the Browning-Ferris decision. You will recall that Browning-Ferris was working its way through the courts…

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Joint-Employer at Forefront Again

Earlier this week the National Labor Relations Board (NLRB) reversed an earlier decision and reinstated the expanded Obama-era definition of joint employer. Prompted by a report from the NLRB Office of the Inspector General that found one of the members, William Emanuel, should not have participated in the decision, the 3 remaining members voted unanimously…

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ACA Affordability is Moving Target

We were reminded by our friends at Sesco Management that the definition of affordable health care plans under the Affordable Care Act is inflation-adjusted and we’re thankful for the heads-up. Under Obamacare, employer-sponsored coverage for plan years beginning in 2018 is considered affordable if an employee’s required contribution for self-only coverage does not exceed 9.56%…

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More Minimum Wage Mischief

Technically, the Fight for $15 began at the start of this decade with President Obama pushing an increase in the federal minimum wage in his 2010 State of the Union address, but the effort continues at full speed in state houses and town halls across the country. In North Dakota, advocates are planning to put…

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Sexual Harassment at the Northeast Regional Meeting

No, there won’t be any there, but the subject will certainly be discussed in detail and it couldn’t be more timely – each day we read of businessmen, politicians and others losing their jobs or livelihoods because of harassment allegations. At the annual Northeast Regional Meeting on Tuesday, March 13, 2018 at the Sheraton Needham…

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IG Faults NLRB Director Emanuel

The NLRB Inspector General completed its investigation into the NLRB Board vote overturning the joint-employer ruling and concluded Director William Emanuel should not have participated. The Board reversed the 2015 Browning-Ferris decision on joint employment and reinstated the historic definition back in December with the full 5 NLRB members participating. Subsequently, it became known that…

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Deep Pocketed Special Interests

Think this is who they mean? When we hear feel good politicians talk about the evils of money in politics and special interests buying favorable legislation, my guess is they don’t mean unions! Notwithstanding, it’s been reported that one of New York City’s powerful unions made regular edits and arguably had a veto on final…

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Paid Leave Still Percolating

It won’t go away anytime soon, so we should be aware and prepared to fight proposals to mandate additional paid leave for employees. Advocates are not resting as evidenced by the fact that the Austin Texas City Council passed a new paid leave mandate just last week. Under the provisions of the bill, which passed…

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House Democrats Target Tip Pooling Rule

The recent efforts of the Department of Labor to rescind an Obama-era restriction on tip pools were targeted yesterday by House democrats. A roundtable held in DC focused on generating opposition to the DOL proposed rule allowing tip pooling. Democratic members of the Committee on Education and the Workforce among others joined representatives from the…

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