Labor Relations Today

Labor Relations Today

Category Archives: Department of Labor

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Senator Reintroduces Union Financial Transparency Rules

Posted in Department of Labor, Legislation, Quick Hits, Senate, Unions
The Washington Times reports that earlier today, Senatore John Thune (R-SD) introduced a bill that would bring back financial transparency rules for labor unions.  The three sets of rules promulgated by the Department of Labor were proposed during the administration of President George W. Bush.  President Obama did away with the proposed regulations when he … Continue Reading

Department of Labor Postpones New Persuader Rule Again; No Publication Date Set

Posted in Department of Labor, Persuader Rules, Representation Elections
Yesterday a Department of Labor spokesman informed Bloomberg BNA that its final rule regarding the “advice exception” to the so-called “persuader rule” in the Labor-Management Reporting Disclosure Act of 1959 (LMRDA) will not be issued in March as announced back in November, 2013. According to the article, the DOL spokesman provided no details for the … Continue Reading

Labor Relations Today Releases ‘Labor Law 2013: A Year in Review’

Posted in Bush Board Reversal, Corporate Campaigns, Department of Labor, Executive Orders, Expedited Elections, Federal Court Litigation, Filibuster, Government Contracting, House of Representatives, Legislation, Negotiations, NLRA, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Persuader Rules, Presidential Appointments, Remedies, Representation Elections, SCOTUS, Senate, Social Media, State/Local Issues, Unfair Labor Practices, Unions, White House
MLA labor attorneys are pleased to announce the publication of Labor Law 2013: A Year In Review.  This marks the third straight year that we have produced this annual review of developments in traditional labor law and labor-management relations.  2013 began with unprecedented uncertainty, as several federal courts repudiated the authority of the National Labor Relations Board … Continue Reading

Department of Labor’s Persuader Rule Postponed to March 2014

Posted in Department of Labor, Persuader Rules, Representation Elections, White House
Just before the Thanksgiving holiday, the Department of Labor pushed back its target date from November 2013 to March 2014 for publishing its final rule regarding the “advice exception” to the so-called “persuader rule” in the Labor-Management Reporting Disclosure Act of 1959 (LMRDA). Because the proposed rule has significant monetary and legal implications for employers, … Continue Reading

What to Expect From the Incoming National Labor Relations Board

Posted in Department of Labor, Expedited Elections, Federal Court Litigation, Filibuster, NLRA, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Persuader Rules, Presidential Appointments, Representation Elections, SCOTUS, Senate, Unions, White House
Following last week’s deal to avoid the so-called "Nuclear Option," the Senate HELP Committee will hold hearings tomorrow on the newest nominees to the National Labor Relations Board. Assuming the nominees are approved by the committee in a Wednesday morning vote, a full complement of Board Members is likely to be confirmed by the full Senate as early … Continue Reading

Department of Labor Sets November 2013 Date For New Persuader Rules Expanding Reporting Requirements for Employers and Counsel

Posted in Department of Labor, NLRA, Persuader Rules, Representation Elections, Unions, White House
Last Wednesday, as most folks were consumed with getting a jump on long holiday weekend traffic, the White House released its spring Unified Agenda.  The Agenda, submitted months late, details the Presidential administration’s regulatory plans for the months ahead. One notable entry, among the thousands, indicates that the DOL’s intended revisions to limit drastically the “advice exception” in the Labor-Management Reporting and Disclosure Act … Continue Reading

@LRToday Morning Round-Up: July 2, 2013

Posted in Department of Labor, Media Round-Up, Negotiations, Pensions, Unions
Hyatt Hotels, Unite Here Call a Truce: Susan Hobbs of the Daily Labor Report ($$) writes that Unite Here and Hyatt Hotels have agreed in principal to a five-year deal that would cover almost 3,000 hotel workers and would further provide for a "fair process" to allow unrepresented workers to join the union if they so desired. The agreement covers … Continue Reading

@LRToday Morning Round-Up: June 3, 2013

Posted in Department of Labor, House of Representatives, Media Round-Up, Persuader Rules, Unfair Labor Practices, Unions
Workforce Committee Not a Fan of DOL’s Persuader Rule: Abigail Rubenstein of Law360 ($$) reports that last Thursday, the House Education and Workforce Committee sent a letter to the US Department of Labor providing that the DOL’s proposed "Persuader Rule" should be withdrawn as it could negatively impact the attorney-client relationship. The Labor-Management Reporting and Disclosure Act (LMRDA) generally requires that employers report any efforts to directly … Continue Reading

Manhattan Institute Report Pegs Cost of Pending “Persuader” Regulation Revisions in Billions Annually

Posted in Department of Labor, Persuader Rules, Representation Elections
As we reminded last week, the Department of Labor has been scheduled to publish a final rule this month amending their "persuader regulations" and imposing new and expansive reporting requirements on employers, their labor relations consultants and, very likely, their attorneys. Former DOL economist Diana Furchtgott-Roth just issued a report from the Manhattan Institute estimating … Continue Reading

OSHA Says Nonunion Employees Can Select Union Representatives to Participate in OSHA Inspections

Posted in Department of Labor, Representation Elections, Unions
A recent Occupational Safety and Health Act development could have significant impact on union organizing campaigns. In a Standard Interpretation letter dated February 21, 2013, OSHA Deputy Assistant Secretary Richard E. Fairfax wrote that nonunion employees can designate a union representative to participate in an OSHA inspection at their work site: The OSH Act authorizes participating … Continue Reading

Department of Labor’s Final Rule Expanding Reporting Requirements for Employers and their Counsel Remains Pending

Posted in Department of Labor, Persuader Rules
As the Senate embarks tomorrow upon what is likely to be another contentious confirmation process for the nomination of Secretary of Labor-Designee Thomas Perez, employers await action by the Department of Labor on one of its more controversial initiatives of the past few years. The Department has been scheduled to publish a final rule this … Continue Reading

Department of Labor Receives Public Comments on Proposed Changes to “Persuader Rules”

Posted in Department of Labor, Persuader Rules
Back in June 2011, the Department of Labor’s Office of Labor-Management Standards (OLMS) published proposed revisions to its interpretation of the Labor-Management Report and Disclosure Act of 1959 (LMRDA), which were intended to expand greatly what information employers and their labor relations consultants must report to the Department of Labor.  The proposed revisions to the … Continue Reading

Human Resources Executive Online: New DOL, NLRB Initiatives

Posted in Department of Labor, Media Round-Up, NLRB Rule-Making, Persuader Rules, Representation Elections
Human Resources Executive Online ran a piece today in which I commented on the Department of Labor’s proposed overhaul of the fifty-year old interpretation of "advice" in Section 203 of the LMRDA: "The DOL is proposing to drastically widen the net it’s casting … ; this new rule will drag in an almost endless variety of … Continue Reading

DOL Seeks to Revise Employer and Labor Relations Consultants’ Reporting Requirements

Posted in Department of Labor, Negotiations, Presidential Appointments, Representation Elections
On June 21, 2011, the Department of Labor’s Office of Labor-Management Standards (OLMS) will publish proposed revisions to its interpretation of the Labor-Management Report and Disclosure Act of 1959 (LMRDA), which will expand greatly what employers and their labor relations consultants must report to the Department of Labor. The LMRDA was enacted by Congress in … Continue Reading

U.S. Department of Labor Seeks Public Comment on Regulation Reform via New Webpage

Posted in Department of Labor, Executive Orders, Persuader Rules, White House
The U.S. Department of Labor yesterday announced a one-month period for public comment on a preliminary plan to revise department regulations. The Department has established a special webpage for members of the public to provide feedback on its "Preliminary Plan for Retrospective Analysis of Existing Rules".  This online tool is part of the Department’s compliance … Continue Reading

President Obama Orders Government-Wide Review of Federal Regulations

Posted in Department of Labor, Executive Orders, White House
Yesterday, President Obama issued an Executive Order, "Improving Regulation and Regulatory Review", announcing a review of all federal agency regulations. According to the Order and accompanying documents released by the White House, this effort aims to streamline rules and reduce burdens on small businesses, while increasing “transparency and accountability in regulatory compliance.” While many have been quick to … Continue Reading

NLRB Rule-Making to Require All Employers Post Notice Advising Employees of Right to Organize Union

Posted in Department of Labor, NLRA, NLRB Rule-Making, Unfair Labor Practices
As 2010 draws to a close, the National Labor Relations Board shows no signs of slowing down.  On the heels of yesterday’s announcement by the Acting General Counsel that Regional Offices should seek unique and broader remedies in organizing cases, the Board today has submitted to the Federal Register a Notice of Proposed Rulemaking.  The … Continue Reading

Secretary of Labor Solis Calls for Expansion of Collective Bargaining on 75th Anniversary of Wagner Act

Posted in Department of Labor, EFCA, NLRA, Unions
Earlier this week, the National Labor Relations Act celebrated its 75th anniversary.  Secretary of Labor Hilda Solis marked the occasion by calling for an expansion of collective bargaining in the Huffington Post: Collective bargaining helped create our middle class. Working people were able to share in the gains of their productivity and labor and management … Continue Reading

BNA: AFL-CIO Lawyer Highlights Government Focus on Misclassification of Employees, Independent Contractors

Posted in Department of Labor, Legislation, White House
BNA’s Daily Labor Report this morning reports that AFL-CIO Associate General Counsel William Lurye told an International Foundation of Employee Benefit Plans conference that misclassification of workers as independent contractors instead of employees is a "significant issue" that negatively impacts employers, employees, and taxpayers.  Per BNA (subscription)“: In general, employers increasingly are classifying primarily low-wage workers as independent … Continue Reading

U.S. Chamber of Commerce on Labor Agenda Beyond Card-Check

Posted in Bush Board Reversal, Department of Labor, EFCA, Executive Orders, Government Contracting, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Presidential Appointments, Project Labor Agreements, White House
Glenn Spencer, Executive Director of the U.S. Chamber of Commerce’s Workforce Freedom Initiative published a piece yesterday in The Metropolitan Corporate Counsel entitled: "Union Agenda Implemented Behind the Scenes."   In the piece, Spencer outlines a number of items on "the union wish list."  Among the items included in the piece, with some excerpts here, are: NLRB Composition:  … Continue Reading