Spending Authorization Ready

As they rush to get to their Christmas vacation, Congress also appears set to pass the other half of the deal – an omnibus spending bill necessary to keep the government operating into the New Year.  With critical legislation such as the Omnibus Spending bill, Congress will often try to attach policy riders to piggy-back…

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More Precedent from Seattle

From the city that first hallucinated wisdom in a $15/hour minimum wage comes a new effort to help union recruitment as the City of Seattle City Council unanimously approved an ordinance extending collective bargaining rights to drivers from taxi and app-based transportation companies.  According to the National Labor Relations Act, certain independent contractors do not…

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More NLRB Regulatory Rewrites

The National Labor Relations Board (NLRB) continues to rewrite a host of definitions under the National Labor Relations Act, much to the dismay of many business interests.  Just over a month ago, and coming on the heels of the Browning-Ferris decision that speaks to joint employer status in third party business relationships, the Board ruled…

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Latest NLRB Decision Strikes Arbitration Agreement

The NLRB San Francisco division ruled earlier this week that the Jack-In-The-Box, Inc. arbitration agreement violates the National Labor Relations Act in that as a requirement of employment, it inhibits an employee’s ability to bring a class action suit.   NLRB administrative Judge Mary Miller Cracraft recommends that the provision be either revised or rescinded.  A…

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DOL Persuader & Overtime Rules Delayed To 2016

Through the Office of Management & Budget, the Obama Administration indicates that two proposed rules of interest to the QSR industry will not be finalized this year as originally expected.  The Department of Labor’s so-called Persuader Rule, which was to be finalized in December, 2015 has now been delayed until March of next year.  The…

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NLRB Reform Act Filed in US House

As has been expected for some time, a bill seeking to reform the National Labor Relations Board was filed this week in the US House by Representative Joseph Wilson (SC – 2nd District).  Citing a number of the regulatory excesses perpetrated by the NLRB and referring to the organization as the “President’s Labor Bully”, Wilson…

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“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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When All Is Not Enough

In another NLRB ruling, also dealing with a hospital union issue, the Board ruled that a Connecticut Hospital did not comply with the new “ambush election” regulations that require the employer to provide the union with all employee contact information – even though Danbury Hospital did give all the info it had in its database! …

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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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