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with the Biden administration seemingly continues unabated as earlier this month, the Department of Labor (DOL) rescinded a Trump-era rule requiring financial transparency on the part of labor unions.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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Weil Up Again for Wage & Hour Head

Notwithstanding strenuous opposition as we advised last week from Republican Senators, President Biden forged ahead and resubmitted the name of David Weil in nomination for the post of administrator at the DOL Wage and Hour Division. Weil, who served in the same capacity during the Obama administration, is one of a half-dozen Biden nominees for…

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Senators Urge Weil Withdrawal

A handful of Republican Senators answered our prayers last week in urging the White House to withdraw the nomination of David Weil for the position of Administrator of the Department of Labor Wage and Hour Division. A staunch opponent of the franchise business model and all things franchising, Wei, an academician and anti-business author, was…

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NRA Files to Stop 80/20 Rule

Although it seems we’ve been advising on the changes – and changes back – regarding the federal tip credit rules for quite some time, there is still news to report. Last week, along with the Texas Restaurant Association, the National Restaurant Association’s Restaurant Law Center (NRA) filed an emergency motion seeking a temporary injunction against…

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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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Final Tip Credit Rule Becomes Effective

Yet another change in the tipping rules as relates the Fair Labor Standards Act (FLSA) will become effective just a few days after Christmas when the newest DOL Final Rule on paying tipped employees kicks in on December 28, 2021. These latest DOL regulations resurrect the 80/20 rule, whereby an employer can only take a…

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Economic Trends

The omicron and delta variants of the COVID virus may be slowing the nation’s economic recovery, but they are not slowing down the inflation rates at all. In fact, the Department of Labor Bureau of Labor Statistics (BLS) reported this week that the producer price index (PPI) – inflation before reaching the consumer – rose…

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Continued Uncertainty Surrounds the Joint Employer Rule

At the end of July 2021, the U.S. Department of Labor (DOL) implemented a final rule to rescind the “Joint Employer Status under the Fair Labor Standards Act,” also known as the Joint Employer Rule, which first published in January 2020 under the Trump administration. This action should come as no surprise if you are…

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Still Few Answers on Vaccine Mandate

Although the President announced the drastic step over one week ago, there is still very little known by way of definite answers on what will and will not be contained in the final Department of Labor Emergency Temporary Standard regarding his vaccine mandate – and it may be a few more weeks until we see…

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