The SEIU (Service Employees International Union) sponsored advocacy group, Fight for $15, continues to push for increased wage minimums in a host of states around the country. The most recent example of their ongoing efforts was seen in the state of New Hampshire, where the New Hampshire House of Representatives voted last week to raise…
Notwithstanding the above and possible re-opening of the issue, the U.S. Department of Labor (DOL) has released the final version of the long-awaited joint employer rule. The final rule now employs a four-part test to determine joint employer status that includes whether a franchise: 1) maintains power to hire and fire; 2) supervise schedules and…
Despite approval of 2 articles of impeachment against the President this week in the US House, the more impactful news these weeks may be coming out of the National Labor Relations Board. Nothing will change when the impeachment articles are rejected by the Senate, but the NLRB has made some big changes that will reverberate…
Two federal agencies this week again extended the public comment period on pending regulations. The comment period on the proposed DOL amended tip-pooling rule, which was scheduled to end this past Monday was extended by the Wage and Hour Division due to an outage on the federal website, www.Regulations.gov. After the outage was resolved, the…
Earlier this week, the US Department of Labor (DOL) sent its joint employer rule to the White House Office of Management and Budget (OMB) for approval – the last step before publication in the Federal Register. The proposed rule for application of the joint employer standard under the Fair Labor Standards Act (FLSA) will make…
According to that same regulatory schedule, it would appear that the final repeal of so-called ambush elections will be completed by the end of the year as well. The NLRB plans to issue a final rule repealing the 2014 Obama rule which dramatically shortened the timeframe for union organizing within private companies by eliminating the…
Apparently the different visions of enforcement priorities within the National Labor Relations Board (NLRB) under the Trump versus Obama administration have prompted a number of US Senators to look to strip the agency of all enforcement powers. Senator Mike Lee (R-UT) and a host of other conservative republican Senators have refiled legislation seeking to transfer…
After so many years of National Labor Relations Decisions coming down on the side of organized labor, the tide has now turned according to a liberal Washington DC think tank. The left-leaning Economic Policy Institute released an analysis of NLRB decisions this week that they claim shows a bias in favor of business interests by…
Speaking of new regulatory rules, the National Labor Relations Board (NLRB) has extended the public comment period on its pending new rule on union elections. In a press release dated October 4, the agency announced that it will now accept public comment on the rule overhauling union representation election procedures for an additional 60 days…
On Tuesday of this week, a federal appeals court gave McDonald’s Corporation a significant victory on the question of joint employment status. The US Court of Appeals for the 9th Circuit found in Salazar v. McDonalds that the company was not a joint employer in that it did not exert enough control over employees at…
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