On June 12, 2017, the Office of Labor Management Standards of the Department of Labor (DOL) published a Notice of Proposed Rulemaking that proposes to rescind the controversial “persuader rule” implemented by the DOL under the Obama administration. This rule sought to require disclosure of advice to employers from consultants and attorneys who engage in activities designed to persuade employees not to unionize.
Continue Reading Persuader Rule to be the Next Obama Era Regulation on the Chopping Block
Gary Enis
ADEA’s 50th Anniversary Refocuses EEOC on Prevalence of Age Discrimination in the Workplace
By Gary Enis & Amber M. Rogers on
Posted in EEOC Developments
On June 14, 2017, the Equal Employment Opportunity Commission held a public meeting entitled “The ADEA @ 50 – More Relevant Than Ever,” to commemorate the Age Discrimination in Employment Act’s 50th anniversary and to “explore the state of age discrimination in America today and the challenges it poses for the future.” Participants in the meeting included Victoria Lipnic, newly-appointed Chairman of the EEOC, and various workers’ advocates who provided their thoughts on the perceived increasing prevalence of age discrimination in the workplace. …
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Specialty Healthcare Update: Republican Lawmakers Seek to Eliminate Micro-Bargaining Unit Standard
By Gary Enis & Amber M. Rogers on
Posted in Legislative (Federal and State) Developments, NLRB
On May 24, 2017, Sen. Johnny Isakson (R-Ga.) and Rep. Francis Rooney (R-Fl.) each introduced the Representation Fairness Restoration Act in their respective Houses of Congress in an attempt to reverse the controversial 2011 ruling by the National Labor Relations Board in Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB No. (2011). The Board in Specialty Healthcare announced a new standard for determining the appropriateness of a bargaining unit. The Representation Fairness Restoration Act seeks to eliminate that new standard.
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Department of Labor Announces a Rollback of Obama Administration Policies on Joint Employment and Employee Classification
By Gary Enis & Amber M. Rogers on
Posted in Employee/Independent Contractor Status
In a press release issued this morning, the Department of Labor has announced that it is withdrawing two administrative interpretations issued by the Department of Labor under the Obama administration in 2015 and 2016 relating to misclassification of independent contractors and joint employment.
Continue Reading Department of Labor Announces a Rollback of Obama Administration Policies on Joint Employment and Employee Classification