Labor

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Department of Labor Proposes New Overtime Rules

March 12, 2019

Department of Labor Proposes New Overtime Rules

On March 7, the Department of Labor (DOL) released a proposed rule to update the standard for overtime pay eligibility under the Fair Labor Standards Act. NATSO is currently analyzing the proposal and will produce a more detailed memorandum for members in the coming days. At a high level, however, the rule includes many of the recommendations that NATSO offered during a 2017 DOL Request for Information and the 2014 Obama Administration rulemaking.

NATSO Comments on Reexamination of Joint Employer Standard

January 29, 2019

NATSO Comments on Reexamination of Joint Employer Standard

NATSO on January 28 submitted formal comments to the National Labor Relations Board as part of the NLRB's reexamination of the "joint employer" standard. NATSO's testimony supported the NLRB's reexamination of the joint employer standard, which was revised during the Obama Administration to expand the scope of determining "co-employment" under the National Labor Relations Act.

Federal Appeals Court Rules on Joint Employer Case

January 2, 2019

Federal Appeals Court Rules on Joint Employer Case

The U.S. Court of Appeals for the D.C. Circuit has ruled that the National Labor Relations Board's (NLRB's) rules for determining when two different employers -- such as business and its franchisees -- are "joint employers" are too broad. This is a positive development for NATSO members and employers in general, as the broad standard has injected much uncertainty and costs into many business operations, particularly such as travel centers where the franchisee-franchisor relationship is ubiquitous.

NLRB Proposes New Joint Employer Standard

September 14, 2018

NLRB Proposes New Joint Employer Standard

The National Labor Relations Board (NLRB) on Sept. 13 released a proposed rule to establish an updated standard for determining joint-employer status under the National Labor Relations Act. Under the proposal, an employer may be found to be a joint employer of another employer's employees only if it possesses and exercises substantial, direct, and immediate control over the essential terms and conditions of employment and has done so in a manner that is not limited and routine.

Labor Update: DOL Rescinds Persuader Rule, NLRB Rejects Joint Employer Settlement

July 19, 2018

Labor Update: DOL Rescinds Persuader Rule, NLRB Rejects Joint Employer Settlement

The Department of Labor (DOL) announced July 17 that it would rescind an Obama-era rule known as the Persuader Rule. This 2016 regulation would have required more disclosures from employers that work with consultants to counter union activities. The rule required employers and consultants to disclose not only when they reached an agreement regarding activities to persuade employees about “how or whether to exercise their collective bargaining rights,” but also when consultants simply provided advice, including “recommending drafts of or revisions to…speeches and communications” that were intended to influence employees with regard to collective bargaining and other organizational rights.

NLRB Chairman Sets Timeline for Joint Employer Rulemaking

June 8, 2018

NLRB Chairman Sets Timeline for Joint Employer Rulemaking

National Labor Relations Board Chairman John Ring recently sent a letter to several Senators announcing that the NLRB will begin the rulemaking process on the joint employment standard by this summer.

National Labor Relations Board Vacates Joint Employer Decision Amid Controversy

February 27, 2018

National Labor Relations Board Vacates Joint Employer Decision Amid Controversy

The National Labor Relations Board (NLRB) has vacated its recent ruling, known as Hy-Brand Industrial Contractors, meaning a more expansive standard for "joint employment" under the National Labor Relations Act is back in effect. This is a negative development for employers, especially those in the truckstop industry. The decision comes after an NLRB Inspector General report questioning one NLRB board member's relationship with a law firm that is involved in the case.

States Address Salary Threshold for Overtime

February 27, 2018

States Address Salary Threshold for Overtime

Some state governments have decided to take the lead on the salary threshold that governs overtime pay as the Department of Labor (DOL) contemplates a new rule.

NATSO, Others Urge Senate to Take Up Save Local Business Act, Redefine Joint Employer

February 15, 2018

NATSO, Others Urge Senate to Take Up Save Local Business Act, Redefine Joint Employer

NATSO joined 39 trade associations representing millions of job creators in every industry and sector of the U.S. economy in urging the U.S. Senate to take up the House-passed “Save Local Business Act” (H.R. 3441), which would redefine the definition of “joint employer” in the National Labor Relations Act (NLRA) and the Fair Labor Standards Act (FLSA).

House Passes Bill to Curb Abusive ADA Lawsuits

February 15, 2018

House Passes Bill to Curb Abusive ADA Lawsuits

The House of Representatives on Feb. 15 voted 225-192 in favor of the ADA Education and Reform Act (H.R. 620), which would require any Americans with Disabilities Act civil action to specifically identify the alleged ADA violations or barriers to access being alleged. The bill would further provide defendants that own public accommodations (such as truckstop operators) a time period during which they can remedy alleged violations without being found liable in court.

Trump Administration Proposes to Expand Association Health Plans; Congress Targets Employer Mandate

January 23, 2018

Trump Administration Proposes to Expand Association Health Plans; Congress Targets Employer Mandate

The Trump Administration and Republicans in Washington are continuing their efforts to dismantle the Affordable Care Act after failing to directly repeal the law last year.

Congress Further Delays Healthcare "Cadillac Tax"

January 23, 2018

Congress Further Delays Healthcare "Cadillac Tax"

An under-the-radar component of the legislation Congress passed on Jan. 22 to end the three-day government shutdown was a provision to delay implementation of the excise tax on high-cost employer health coverage (known as the "Cadillac tax" for an additional two years, until 2022.

NATSO Analysis: Joint Employer and the Nature of Employment

January 16, 2018

NATSO Analysis: Joint Employer and the Nature of Employment

As NATSO has previously reported, the National Labor Relations Board (NLRB) in December reversed the controversial Obama-era standard for "joint employment" under the National Labor Relations Act. This was a positive development for employers, particularly in the travel center industry where contract workers (such as equipment inspectors and delivery personnel) and franchise relationships are ubiquitous. However, businesses must remain vigilant of these issues because joint employer liability remains a fact-specific, often state-by-state issue.

NLRB Overrules Browning-Ferris Industries and  Reinstates Prior Joint-Employer Standard

December 15, 2017

NLRB Overrules Browning-Ferris Industries and Reinstates Prior Joint-Employer Standard

The National Labor Relations Board (NLRB) on Dec. 14 reversed its position on the joint employer standard, returning the standard to its pre-2015 definition and ending years of uncertainty within the business community about the definition of joint employer.

Employer Mandate Penalty Notices Reportedly Forthcoming

November 14, 2017

Employer Mandate Penalty Notices Reportedly Forthcoming

NATSO has learned that the Internal Revenue Service (IRS) may be starting to send out notices to employers regarding potential tax liability under the Affordable Care Act (also known as "Obamacare") employer mandate for calendar year 2015. Calendar year 2015 was the first year of reporting under the 6055 and 6056 reporting requirements (forms 1094 and 1095). The data for 2015 calendar year reporting was due to the IRS in March of 2016. The IRS has been reconciling this data and this is why the 2015 notices are being sent.

House Passes Bill Limiting Joint Employer Liability

November 14, 2017

House Passes Bill Limiting Joint Employer Liability

The U.S. House of Representatives on Nov. 7 voted 242-181 in favor of the Save Local Business Act (H.R. 3441) which, if enacted, would redefine the definition of joint employer under the National Labor Relations Act (NLRA) and the Fair Labor Standards Act (FLSA).

House Committee Approves Joint Employer Legislation

October 6, 2017

House Committee Approves Joint Employer Legislation

The House Committee on Education and the Workforce on Oct. 4 passed legislation along party lines that would redefine the term "joint employer" under the National Labor Relations Act and the Fair Labor Standards Act. The legislation, which NATSO supports as an active member of the Coalition to Save Local Businesses and was an issue on which NATSO members lobbied at the 2016 NATSO Day on the Hill, would clarify that two or more employers must have direct control over employees to be considered "joint employers."

Legislation Introduced to Streamline Employer Reporting Requirements Under Affordable Care Act

October 3, 2017

Legislation Introduced to Streamline Employer Reporting Requirements Under Affordable Care Act

U.S. Sens. Mark R. Warner (D-Va.) and Rob Portman (R-Ohio) introduced bipartisan legislation Oct. 3 that seeks to streamline the employer reporting requirements under the Patient Protection and Affordable Care Act (ACA), to make it more flexible and less burdensome for employers.

NATSO Files Overtime Comments With Labor Department

September 27, 2017

NATSO Files Overtime Comments With Labor Department

NATSO urged the Department of Labor (DOL) to refrain from making dramatic changes to the Overtime Rule that would expand the universe of employees eligible for overtime pay, arguing that significant changes to the salary threshold and duties test would harm the very employees that they are designed to help. The Trump Administration is reexamining the rules governing overtime pay in the wake of the Obama Administration's effort recently being struck down by a federal court.

House Education and Workforce Committee Holds Hearing on Joint Employer Legislation

September 14, 2017

House Education and Workforce Committee Holds Hearing on Joint Employer Legislation

The House Committee on Education and the Workforce held a hearing Sept. 13 on legislative efforts to change the joint employer standard. Specifically, the hearing considered a bill by Subcommittee on Workforce Protections Chairman Bradley Byrne (R-AL), the Save Local Business Act (H.R. 3441), which would return the joint employer standard to a narrower definition that holds responsible only employers who have direct, actual, and immediate control over terms of employment.

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