DOL Rescinds Union Transparency Rule

Organized labor’s honeymoon with the Biden administration seemingly continues unabated as earlier this month, the Department of Labor (DOL) rescinded a Trump-era rule requiring financial transparency on the part of labor unions. The union financial disclosure rule became effective on April 6, 2020 and required unions with more than $250,000 in annual receipts to fill…

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NLRB & DOL Team Up on Enforcement

Late last week, the Department of Labor Wage and Hour Division (WHD) and the National Labor Relations Board (NLRB) announced that the two agencies had partnered with each other for purposes of enhancing their enforcement capabilities. In order to facilitate more cooperation – and “improve the enforcement process of the laws they administer and reaffirm[s]…

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IRS Issues Guidance on Early ERTC Termination

The Internal Revenue Service (IRS) has issued guidance for employers regarding the retroactive termination of the Employee Retention Tax Credit (ERTC). As you know, when it was first introduced as a part of the CARES Act back in 2020, the ERTC applied only to 2020 as it was scheduled to sunset on December 31, 2020.…

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Happening Fast on the Union Front

With a handful of QSR chains – Starbucks in Buffalo New York included – now being unionized, and against the backdrop of the very pro-union Biden administration, it behooves us to keep a watchful eye on unionizing issues in general.  Toward that end, the NLRB last week announced a settlement with Amazon in the wake…

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Amending “Make Whole” Remedy?

Speaking of the National Labor Relations Board (NLRB), it would appear that current agency leadership would like to see new penalties applied when unfair labor practices have been confirmed. The NLRB Board decided in November that an employer was guilty of unfair labor practices in terminating 6 employees for not negotiating the terminations with the…

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EEOC Clarifies Religious Exemptions

The US Equal Employment Opportunity Commission (EEOC) this week issued two new guidance clarifying employer and employee obligations regarding religious exemptions from COVID-19 vaccinations. Title VII of the Civil Rights Act of 1964, which prohibits religious discrimination in the workplace, allows for employees to request an exception from certain employer requirements when that requirement conflicts…

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The Labor Shortage Continues

As we await the formal regulations and full implementation of President Biden’s vaccine mandate, the challenge it will likely present to employers around the country is already becoming painfully obvious. In a survey released recently by the Society for Human Resource Management (SHRM), a full 89 percent of affected businesses believe a number of their…

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New York Mandates Retirement Plans

New York Governor Kathy Hochul last week signed AO3213A into law thereby mandating that private employers with 10 or more employees who do not provide a retirement savings plan must automatically enroll their workers in the New York State Secure Choice Savings Plan. The Secure Choice Savings Plan was first filed in 2015 and ultimately…

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Mandatory Retirement Plans Spreading

The addition of a mandatory retirement plan for private employers in New York state as well as New York City represents just the latest in this growing trend of retirement plan dictates. The idea took seed back in 2012 with California taking the lead (of course!) and first exploring the notion of enacting a state…

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OSHA Issues Vaccine ETS

As we advised in a Membership Update earlier this week, the Department of Labor’s Occupational Safety and Health Administration (OSHA) has completed its draft Vaccine Emergency Temporary Standard (ETS) and sent it along to the White House Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget for final review. Once…

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