DOL Finalizes Rule on Flexible Workweek

There seems to be a steady stream of interim and final rules being promulgated by various agencies of the federal government recently and the Department of Labor joined the parade this week as well. DOL issued a final rule allowing employers to offer those workers with “flexible workweeks” bonuses and/or hazard pay without jeopardizing how…

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NLRB Finalizes Union Election Changes

The National Labor Relations Board (NLRB) last week finalized changes to union representation election rules that will prevent unions from blocking decertification elections indefinitely as they have been able to do for the past 8 or so years. Under the Obama administration, the NLRB allowed unions to file unfair labor practice charges to create doubt…

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NLRB Finalizes Joint Employer Rule

Earlier this week, the National Labor Relations Board (NLRB) issued its final rule for determining joint-employer status under the National Labor Relations Act. The final rule reinstates the “direct and immediate control” standard, whereby a company must have substantial direct control over the essential terms and conditions of employment of another employer’s workers in order…

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US House Approves PRO Act

As we anticipated – and reported to you last week – the US House of Representatives last night approved the Protecting the Right to Organize Act (PRO Act) on a vote of 224-194 and sent it to the Senate. The PRO Act (H.R. 2474) would strengthen collective bargaining rights for workers in private companies, and…

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US House Preps PRO Act for Vote

The US House is making good on another promise next week with the Protecting the Right to Organize Act (PRO Act) being brought to the House floor for final passage. The PRO Act (H.R. 2474), which would strengthen collective bargaining rights for workers in private companies, was passed on a straight party-line vote by the…

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NLRB Captures Largest Settlement Ever

The National Law Relations Board (NLRB) earlier this month announced that it had won the largest settlement in history for unfair labor practices – $76 million – and the culprit was none other than CNN! The case began back in 2003 after CNN terminated a contract with a union company (Team Video Services) and replaced…

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Federal Comment Periods Extended Again

Two federal agencies this week again extended the public comment period on pending regulations. The comment period on the proposed DOL amended tip-pooling rule, which was scheduled to end this past Monday was extended by the Wage and Hour Division due to an outage on the federal website, www.Regulations.gov. After the outage was resolved, the…

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Pondering the Presidential Trail

As the US House prepares to move 2 articles of impeachment against President Trump over the next few weeks, we thought it might be timely to highlight some of the plans being put forward by announced candidates for the presidential nomination. Perhaps most relevant to our subscribers are recently released plans by former Vice President…

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Joint Employer Rules on the Move to OMB

Earlier this week, the US Department of Labor (DOL) sent its joint employer rule to the White House Office of Management and Budget (OMB) for approval – the last step before publication in the Federal Register. The proposed rule for application of the joint employer standard under the Fair Labor Standards Act (FLSA) will make…

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NLRB Tackling ‘Ambush Elections’

According to that same regulatory schedule, it would appear that the final repeal of so-called ambush elections will be completed by the end of the year as well. The NLRB plans to issue a final rule repealing the 2014 Obama rule which dramatically shortened the timeframe for union organizing within private companies by eliminating the…

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