Yet, Another DOL Tip Pooling Rule

On Monday of this week, the Department of Labor (DOL) released yet another amended tip-pooling proposal. The latest iteration however, only applies to employers who do not take a tip credit. It will allow employers to pool tips from front-of-the-house workers and share them with back-of-the-house employees who aren’t normally tipped. This most recent change…

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DOL Submits Drug Testing Rule

Speaking of proposed rulemakings, the Department of Labor got in the game this week as well with two different issues. First, the Office of Management and Budget (OMB) within the White House has begun its review of the DOL’s proposed final rule on drug testing. As drafted, the rule will allow states to drug-test unemployment…

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Some in Congress Target CRA

It has been the law of the land since 1996 – passed as part of the “Contract with America” back when Newt Gingrich was US Speaker of the House. Despite being on the books now for over 20 years, the Congressional Review Act was only invoked successfully one time (by President George W Bush in…

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Dismantling Obama ‘Legacy’

Notwithstanding the failure to ‘repeal and replace’ Obama Care with the American Health Care Act last week, the Obama legacy is in large measure being steadily and systematically dismantled by Congress and President Trump. This past week, the President signed a number of CRA (Congressional Review Act) resolutions into law – the first blocks an…

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ACA Repeal On Hold, But CRA Passes

Obviously, US House leaders lacked the votes necessary to pass the American Health Care Act (AHCA) – the bill that would repeal and replace many of the provisions of the Affordable Care Act (Obama Care). The AHCA was to be voted by the House yesterday, but has now been postponed. It was a different situation…

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Redirection Underway

When elected President in 2008, Barack Obama promised to “fundamentally change America”. Eight years later, Donald Trump, after his own election promised to undo much of that Obama ‘legacy’, and with republicans in control of both the House and Senate, that effort is well underway. This week, the US Senate passed repeal of the Fair…

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Unions Ask To Step In for Government

Fearing that the Trump administration will abandon defense of the Obama error (oops, era) OSHA rule requiring employers to collect, maintain and self-report details on any and all injuries sustained by employees. The rule has been challenged by the National Association of Manufacturers and was vigorously defended by the Obama administration. Many speculate the defense…

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Congress Cautions on Lame-Duck Regulations

Against the backdrop painted by these issues, both the US House of Representatives and the United States Senate have expressed concern over the prospect of the Obama administration passing a host of new lame-duck regulations before the President formally leaves office on January 20, 2017.  In a letter signed by 22 republican leaders and sent…

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Congress Positions for CRA on Overtime Rule

A full 44 Republican US Senators co-sponsored a resolution this week the calls for the formal disapproval of the Department of Labor’s new overtime exemption threshold.  The DOL overtime rule effectively doubles the former threshold of $23,660 to $47,476, below which all employees are automatically entitled to overtime pay.  The Congressional Review Act is a…

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Alabama Punctuates Opposition to Persuader Rule

The state of Alabama became the 10th state to petition the federal District Court for the Eastern District of Arkansas for an injunction against the Department of Labor regulation.  The DOL rule essentially negates the employer’s attorney-client privilege and tips the scales in favor of organized labor in union representation elections at private companies.  Alabama…

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