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…
Read More »The aforementioned NAM Challenge to the persuader rule was filed in the District Court for Arkansas which falls within the jurisdiction of 8th US Circuit Court of Appeals. That same court by a 2-1 decision rendered just weeks ago, upheld an NLRB ruling against a Jimmy John’s franchisee in Minnesota who fired six workers for…
Read More »For those of you who may enjoy a business on federal land or otherwise have a federal contract of some sort, we remind you that the public comment period for the paid sick leave mandate on federal contractors, closes on Tuesday, April 12. The DOL regulation mandates that covered employers provide paid sick leave at…
Read More »Speaking of federal courts, it seems the US District Court for the Eastern District of Arkansas just became ground zero for the initial fight over the Department of Labor Union Persuader Rule, just finalized last week. In response, a lawsuit was filed this week by the National Association of Manufacturers, the Arkansas Chamber of Commerce…
Read More »We remind our members and other subscribers that the public comment period for another egregious DOL regulation, the paid sick leave mandate on federal contractors, closes in 11 days. DOL has mandated that all employers involved in a federal contract must provide paid sick leave at the rate of 1 hour leave earned for every…
Read More »On Wednesday of this week, the Department of Labor (DOL) issued its final rule of the “Advice” Exemption in Section 203(c) of the Labor-Management Reporting and Disclosure Act – more commonly known as the persuader rule. In the context of unionization efforts within a business, the rule requires employers to disclose to DOL conversations with…
Read More »The aforementioned persuader rule is only one of a host of significant changes being foisted upon American business by the Department of Labor. As we reported last week, DOL has sent its proposed final rule on the overtime threshold to OMB for final approval prompting Congress to consider legislation to overturn DOL’s dramatic expansion of…
Read More »Without boring you with all the painful governmental details, the new Department of Labor mandated overtime rules have been sent to the White House Office of Management and Budget (OMB) for their final review before becoming effective. OMB review typically takes a month or two to complete, but with the prospect of the Congressional Review…
Read More »In this, the final year of the Obama Presidency, the Department of Labor (DOL) is planning a flurry of new rules and regulatory activities according to a report on comments made by DOL Solicitor M. Patricia Smith to the New York State Bar Association. At the Association’s Annual Meeting last week, Smith advised the attorneys…
Read More »The Department of Labor’s Wage and Hour Division has given notice that the minimum wage required to be paid by all federal contractors to workers performing under those contracts will increase effective January 1, 2016. Notwithstanding that the minimum for these workers was increased to $10.10 per hour on January 1 of this year, it…
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