Joint Employer Comment Period Open

The proposed DOL regulation on joint employer was officially published in the Federal Register on Tuesday of this week, triggering the start of the 60-day public comment period. The proposed joint employer regulation uses a four-part test to determine when a business should be held jointly libel for minimum wage and overtime law violations. Specifically,…

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FTC Seeks Comments on Franchise Rule

As we’ve reported to you in the past, the Federal Trade Commission (FTC) is seeking public comment on whether to make changes to the Franchise Rule as part of its systematic review of all FTC rules. The public comment period is currently open through May 13, 2019 so please get your comments in soon. Recall…

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Overtime Comments Welcome

As we advised a few weeks ago, the Department of Labor has published its proposed new regulation on the overtime threshold, increasing the amount below which all employees must be eligible for overtime pay. DOL has proposed that the threshold salary be set at $35,308 and publication of the rule in the Federal Register (March…

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Franchise Rule Under Review

The Federal Trade Commission (FTC) issued a notice this week regarding changes to 16 CFR Part 436, Disclosure Requirements and Prohibition Concerning Franchising, more commonly referred to as the Franchise Rule. The notice advises that the FTC is seeking comment from the public on whether to make any changes to the Franchise Rule while the…

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Joint Employer Comment Period Closes

At long last, the public comment period for the new joint employer regulation has finally closed. The regulation, which was first published in the federal register last September 18, was initially open for public comment only through November 18. Since that time however, the closing deadline was postponed twice until January 12, and then, caught…

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NLRB Lawyer Criticizes Joint Employer Proposal

The public comment period on a proposed new regulation from the National Labor Relations Board (NLRB) governing joint employer status remains open for another 2 weeks, but the proposal has already received some harsh criticism – from the General Counsel of the agency himself! NLRB General Counsel Peter Robb released his comments just over one…

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NLRB Extends Joint Employer Comment Period

The National Labor Relations Board this week extended the deadline for public comments on its proposed joint-employer rule for an extra month. The 60-day public comment period was scheduled to end on November 13, but the agency postponed that deadline now until December 13. Public comments will be accepted until that time and until December…

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NLRB Moves to Fix Joint Employer

It may have been a long time coming, but the National Labor Relations Board is again moving to correct the egregious 2015 ruling on the joint employer definition. Yesterday, the NLRB released a draft rule that rolls back the new definition of joint employer the agency created in its Browning Ferris decision back in 2015.…

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Ambush Election Comment Period Extended Again

For the second time, the NLRB has extended the timeline for public comment on the agency’s December Request for Information (RFI) regarding the Board’s 2014 decision changing union election processes.  Those changes dramatically reduced the amount of time for an employer to allow a union representation election. The RFI asks whether the ambush election regulation…

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But They’re Good With Tip Pooling Extension

As aghast as the aforementioned Representative Bobby Scott claimed to be over the reversal of the joint employer and other rulings by the NLRB, it appears he was much pleased with Secretary of Labor Alex Acosta and his extension of the public comment period on a potential tip pooling rule change. You will recall that…

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