Labor

First Prev Page of 6 Last Show per page, 110 total
Headline

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.

Judge Strikes Down Obama Administration's Overtime Rule

September 1, 2017

Judge Strikes Down Obama Administration's Overtime Rule

A federal judge in Texas on August 31 invalidated the Obama Administration's controversial rule expanding the number of employees that are entitled to overtime pay. The focus of the judge's opinion was the fact that the rule -- which would have increased the minimum salary threshold for overtime pay from approximately $23,000 per year to approximately $47,000 per year -- insufficiently considered whether employees actually perform "white collar" jobs and thus should be exempt from overtime.

House Committee Examines Joint Employer

July 13, 2017

House Committee Examines Joint Employer

The House Education and Workforce Committee held a hearing on July 12 to examine the murky joint employer standard that has generated much uncertainty in the employment community. The Coalition to Save Local Businesses, of which NATSO is an active member, submitted testimony to the Committee urging Congress to pass legislation clarifying the joint employer standard in a manner that will protect employees while enabling small businesses to avoid legal uncertainties and litigation.

Labor Secretary to Review Overtime Rule

June 20, 2017

Labor Secretary to Review Overtime Rule

Labor Department Secretary Alexander Acosta testified at a recent Congressional hearing that he plans to review the overtime rule involving exempt salaried employees. The Obama Administration sought to increase the minimum salary required for overtime-exempt employees to $47,476 annually for full-time employees from $23,660. However, a federal judge in November 2016 issued a nationwide injunction against the DOL's regulation expanding the number of workers who would be eligible for overtime pay.

Department of Labor Proposes Rescinding Obama Administration Changes to Persuader Rule

June 19, 2017

Department of Labor Proposes Rescinding Obama Administration Changes to Persuader Rule

The Department of Labor has proposed rescinding the Obama Administration's changes to the so-called "persuader rule." The proposal is supported by the employer community and opposed by organized labor, and represents another step that the Trump Administration is taking to peel back some of the Obama Administration's labor initiatives.

Department of Labor Withdraws Guidance on Joint Employment, Independent Contractors

June 8, 2017

Department of Labor Withdraws Guidance on Joint Employment, Independent Contractors

In a positive development for employers, particularly the franchise community, the Department of Labor (DOL) has officially withdrawn its guidance on joint employment and independent contractors.

DOL Begins Process to Rescind Persuader Rule

May 26, 2017

DOL Begins Process to Rescind Persuader Rule

The Department of Labor on May 23 sent to the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA) a new proposed rulemaking rescinding the Obama Administration’s persuader rule.

First Prev Page of 6 Last Show per page, 110 total