After having the OSHA ETS rejected by the SCOTUS last week, the Department of Labor (DOL) this week announced that it was officially withdrawing its Emergency Temporary Standard (ETS) that would have required that all employers with 100 or more employees require either their vaccination or a weekly negative COVID test. It also formally published…
Read More »Although we do not have specifics at this point in time, our information from the Coalition of Franchisee Associations (CFA) and others active in the Nation’s Capital is that work is well underway within the Department of Labor to increase the overtime threshold, the so-called white-collar exemption. You will recall that under President Obama, the…
Read More »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with the Biden administration seemingly continues unabated as earlier this month, the Department of Labor (DOL) rescinded a Trump-era rule requiring financial transparency on the part of labor unions.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…
Read More »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]…
Read More »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…
Read More »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…
Read More »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…
Read More »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…
Read More »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…
Read More »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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