OSHA Issues Vaccine ETS

As we advised in a Membership Update earlier this week, the Department of Labor’s Occupational Safety and Health Administration (OSHA) has completed its draft Vaccine Emergency Temporary Standard (ETS) and sent it along to the White House Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget for final review. Once…

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Joint Employer Reversal Coming

More egregious NLRB changes may still be in the on-deck circle, but DOL changes to the Trump-era definition of joint-employer are well on the way to reality. In fact, the White House Office of Management and Budget (OMB) is currently reviewing a new final rule proposed back in March by the Department of Labor Wage…

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Biden Posts Filling Up

The United States Senate confirmed several more nominees of President Biden to a host of important federal posts. First and foremost, amongst the recent confirmations was new Labor Secretary Marty Walsh, who formerly served as Mayor of Boston for the past 7 years. Confirmed on a Senate vote of 68-29, Walsh will now oversee the…

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Independent Contractor Rule Clears OMB

One week ago, the White House budget office wrapped up its review of a rule that would make more workers qualify as “independent contractors” under federal law. The completion of the OMB review generally signals that the final rule will be published soon in the Federal Register. The proposed version of the rule would create…

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Tip Pooling To OMB

Earlier this week while attending an excellent CFA Forum and Lobby Day in Washington DC, we learned that the Department of Labor sent a revised rule on tip pooling to the White House Office of Management and Budget for approval. OMB must approve new regulations before they are published in the Federal Register. The proposed…

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OMB Halts EEOC Pay Data Collection

The courts aren’t the only ones reversing Obama-era mandates, as just this week the White House Office of Management and Budget (OMB) ordered EEOC (Equal Employment Opportunity Commission) to cease the pay data collection initiated under the prior administration. Last fall, the Obama administration amended the EEO-1 Form required of private employers with more than…

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Good News, Bad News on Labor Front

With the tight employment market, many franchisees have advised of the difficulties they’re encountering with getting sufficient help to keep their stores fully staffed and running smoothly. Well, there appears to be some relief on the way as the Department of Homeland Security (DHS) sent a new H-2B Rule to the Office of Management and…

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Persuader Rule Burial Likely Next Week

Notwithstanding that the Obama-era “persuader rule” never actually took effect, permanently enjoined by the courts right before it kicked in, it should die for good next week. Legal challenges to the rule, a union-friendly mandate that significantly increased the disclosure requirement on employers when fighting union representation efforts, are technically still alive for a few…

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DOL Prepares Rescission of Persuader Rule

It never even went into effect because implementation was permanently enjoined by the federal court in Texas, but the Obama administration’s so-called persuader rule is well on the way to being completely and formally erased by the Department of Labor. Recall that the persuader rule imposed strict reporting measures on employers when they were dealing…

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OMB Approves Revised I-9

The federal Office of Management & Budget (OMB) has approved a revised Form I-9, Employment Eligibility Verification and it now is incumbent upon the United States Citizenship and Immigration Services (USCIS) to publish a revised form with instructions by November 22, 2016.  In the meantime, employers should continue using the current version of the Form…

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