Labor Relations Today

Labor Relations Today

Category Archives: Department of Labor

Subscribe to Department of Labor RSS Feed

Business Organizations and Ten States Move for a Nationwide Permanent Injunction Against DOL’s New Persuader Rule

Posted in Department of Labor, NLRB Rule-Making, Persuader Rules
In June 2016, the United States District Court for the Northern District of Texas entered a nationwide preliminary injunction against the Department of Labor’s new Persuader Rule, finding that the “DOL’s New Rule is not merely fuzzy around the edges. Rather, the New Rule is defective to its core because it entirely eliminates the LMRDA’s… Continue Reading

Administration Releases Final Blacklisting Regulations for Government Contractors

Posted in Department of Labor, Executive Orders, Government Contracting, Government Contracts
On Wednesday, August 24, 2016, the President’s administration published the Federal Acquisition Regulatory Council’s final rule and the Department of Labor’s guidance implementing the July 31, 2014 “Fair Pay and Safe Workplaces” Executive Order 13673. The “blacklisting” Order and its implementing regulations subject existing and prospective government contractors to a broad new set of record-keeping,… Continue Reading

Federal District Court in Texas Issues Nationwide Injunction Against DOL’s New Persuader Rule

Posted in Department of Labor, Federal Court Litigation, Persuader Rules
Calling the Department of Labor’s new interpretation of its LMRDA Persuader Rule “defective to its core,” the District Court for the Northern District of Texas issued a nationwide injunction on June 27, 2016, against the Final Rule published on March 24, 2016. This ruling in National Federation of Independent Business et al. v. Perez, 16-cv-00066… Continue Reading

First Court Decision Casts Doubt on DOL Persuader Rule, But Declines to Enjoin

Posted in Department of Labor, Federal Court Litigation, Special Interests
The first decision in the three pending lawsuits against the DOL’s overhaul to the LMRDA’s “Persuader” reporting requirements came down yesterday.  The District Court for the District of Minnesota’s decision in Labnet Inc. d/b/a Worklaw Network et al v. U.S. Department of Labor et al.,  Case No. 16-cv-00844 (D. Minn., June 22, 2016), holds that:… Continue Reading

Three Lawsuits Take First Shots at New DOL ‘Persuader Rule’

Posted in Department of Labor, Federal Court Litigation, Persuader Rules
The Department of Labor’s final rule regarding the advice exemption to the “persuader rule” in the Labor-Management Reporting Disclosure Act of 1959 (LMRDA) is currently facing three lawsuits filed by various law firms, business groups, and associations. The DOL’s new Rule modifies the “advice exemption” by revising the instructions to forms filed by employers (Form LM-10)… Continue Reading

DOL Issues Final Persuader Rule Significantly Narrowing the Advice Exemption

Posted in Department of Labor, Persuader Rules
Today the Department of Labor issued its final rule for publication tomorrow, March 24, 2016, addressing the “advice exemption” to the so-called “persuader rule” in Labor-Management Reporting Disclosure Act of 1959 (LMRDA). Almost five years after it published the proposed rule, the DOL announced that it was adopting “the proposed rule, with modifications, [providing] increased transparency to… Continue Reading

Labor Relations Today Issues ‘Labor Law 2015: Year in Review’

Posted in Alternative Labor Law Reform, Beyond EFCA: Labor's Agenda, Bush Board Reversal, Card Check, Department of Labor, Executive Orders, Expedited Elections, Federal Court Litigation, Government Contracts, House of Representatives, Joint Employer, Legislation, Micro Units, Negotiations, NLRA, NLRB, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Remedies, Representation Elections, SCOTUS, Senate, Social Media, Unfair Labor Practices, Unions, White House
McGuireWoods labor attorneys and the editors of Labor Relations Today are pleased to announce the publication of Labor Law 2015: A Year In Review. For most of 2015, the National Labor Relations Board consisted of five members and the general counsel — all Senate-confirmed. This Board and the White House continued aggressive efforts to overhaul traditional labor law administratively,… Continue Reading

DOL Sends ‘Persuader’ Rule to OMB for Review; Seeks Publication of Final Rule in March 2016

Posted in Department of Labor, Persuader Rules
The Department of Labor’s latest regulatory agenda now sets a target date of March 2016 for the publication of its final rule addressing the “advice exception” to the so-called “persuader rule” in the Labor-Management Reporting Disclosure Act of 1959 (LMRDA). On December 7, 2015, the DOL finally sent its final rule to the Office of Management and Budget… Continue Reading

GOP House Committee Chairpersons Ask DOL and FAR Council to Withdraw Proposed Blacklisting Regs

Posted in Department of Labor, Executive Orders, Government Contracting, House of Representatives
On May 28, 2015, the U.S. Department of Labor and the Federal Acquisition Regulatory (FAR) Council proposed regulatory amendments and guidance to implement the President’s Executive Order 13673, entitled “Fair Pay and Safe Workplaces.”  What the Order and proposed regulations subject government contractors to a broad new set of record-keeping, reporting and compliance requirements. Failure to fulfill these… Continue Reading

The Road Ahead: Top 10 Labor Issues to Watch in the Back Half of 2015

Posted in Amici Briefs, Department of Labor, Executive Orders, Expedited Elections, Federal Court Litigation, Government Contracting, Government Contracts, House of Representatives, Legislation, Micro Units, NLRA, NLRB, NLRB Decisions, NLRB Rule-Making, Persuader Rules, Representation Elections, Senate, State/Local Issues
road ahead1.  Will the Courts Uphold the New Expedited Election Rules? The National Labor Relation Board’s new expedited election rules took effect on April 14, 2015, but not before two lawsuits could be filed seeking to invalidate them in January 2015. The first lawsuit was filed by business groups, including the U.S. Chamber of Commerce, in… Continue Reading

FAR Council and Department of Labor Propose Regulations and Guidance to Implement “Fair Pay and Safe Workplaces” Executive Order; Impose Significant New Labor Law Obligations on Federal Contractors

Posted in Department of Labor, Executive Orders, Government Contracts, White House
On May 28, 2015, the President’s administration published proposed amendments to the Federal Acquisition Regulation, and related Department of Labor guidance to implement the July 31, 2014 “Fair Pay and Safe Workplaces” Executive Order 13673.  The Order and these proposed changes would subject government contractors to a broad new set of record-keeping, reporting and compliance… Continue Reading

Union Membership Declines In 2014

Posted in Department of Labor, Quick Hits, Unions
According to the U.S. Department of Labor, the number of employees belonging to labor unions in the United States decreased slightly in the past year. Across the United States, total union membership stood at 14.6 million, which was a decrease of about 0.2 percent from last year.  In total, about 11 percent of the workforce… Continue Reading

Labor Relations Today Releases ‘Labor Law 2014: A Year in Review’

Posted in Alternative Labor Law Reform, Amici Briefs, Bush Board Reversal, Corporate Campaigns, Department of Labor, Executive Orders, Expedited Elections, Federal Court Litigation, Government Contracting, Government Contracts, House of Representatives, Legislation, Micro Units, Negotiations, NLRA, NLRB, 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 2014: A Year In Review. This marks the fourth straight year that we have produced this annual review of developments in traditional labor law and labor-management relations. 2014 ushered in a National Labor Relations Board with more prospective stability than in recent years as the seats… Continue Reading

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