Department of Labor Articles

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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.

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.

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.

Compliance Corner: Trump Administration Reviewing Overtime Pay Requirements

November 1, 2017

Compliance Corner: Trump Administration Reviewing Overtime Pay Requirements

One of the cornerstones of the Obama Administration’s labor agenda was a multi-year push to expand the number of employees who are required to receive overtime pay (1.5 times the regular rate of pay) for time worked in excess of 40 hours per week. The Obama Administration’s final regulation was delayed before taking effect, and was recently struck down by a federal court. It is unlikely to ever take effect.

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.

Congressional Leaders Call for Delay in Joint Employer Standard

April 10, 2017

Congressional Leaders Call for Delay in Joint Employer Standard

A bipartisan group of nearly 60 members of the U.S. House of Representatives recently called on the House Appropriations Committee leaders to include language in the Fiscal Year 2018 Labor, Health and Human Services, Education and Related Agencies Appropriations bill that would delay the National Labor Relations Board’s (NLRB) new joint employer liability standard.

Andy Puzder, Chief Executive of CKE Restaurants, to Serve as the Secretary of U.S. Department of Labor

December 8, 2016

Andy Puzder, Chief Executive of CKE Restaurants, to Serve as the Secretary of U.S. Department of Labor

President-elect Donald Trump has nominated Andy Puzder, Chief Executive of CKE Restaurants, to serve as the Secretary of U.S. Department of Labor. CKE Restaurants is the parent of Hardees’, Carl’s Jr., Green Burrito and Red Burrito restaurant brands, a franchise system with 3,750 franchised or company-operated restaurants in 44 states and 40 foreign countries.

Trump Picks Elaine Chao for Transportation Secretary

November 30, 2016

Trump Picks Elaine Chao for Transportation Secretary

President-Elect Donald Trump has picked Elaine Chao, former Labor Secretary under George W. Bush and wife of Senate Majority Leader Mitch McConnell, as his Secretary of Transportation.

NATSO ALERT: Federal Judge Suspends Overtime Rule; Dec. 1 Effective Date No Longer In Place

November 23, 2016

NATSO ALERT: Federal Judge Suspends Overtime Rule; Dec. 1 Effective Date No Longer In Place

In a stunning decision, a federal judge in Texas issued a nationwide injunction against the Department of Labor's (DOL) regulation expanding the number of workers who would be eligible for overtime pay. The regulations would have dramatically increased the salary threshold for exempt employees to $47,476 per year from $23,660. The new rules were scheduled to take effect on Dec. 1.

Labor Department’s New Overtime Rule Takes Effect Dec. 1

October 31, 2016

Labor Department’s New Overtime Rule Takes Effect Dec. 1

NATSO members are reminded that on Dec. 1, 2016, the Department of Labor’s new overtime rule that doubles the minimum salary threshold that employees must earn to be exempt from overtime pay is scheduled to take effect.

NATSO Supports Legislation to Reform DOL’s Overtime Rule

October 18, 2016

NATSO Supports Legislation to Reform DOL’s Overtime Rule

NATSO joined more than 400 organizations representing a broad spectrum of the national economy and employing millions of employees in expressing strong support for S. 3464, the Overtime Reform and Review Act, which would provide employers significant relief from the negative impacts of the Department of Labor’s (DOL) final overtime rule.

House Passes Bill Delaying Overtime Rule; Unlikely to Become Law

September 29, 2016

House Passes Bill Delaying Overtime Rule; Unlikely to Become Law

In a move that some consider to be a "political vote" rather than a substantive one, the U.S. House of Representatives on September 28 passed legislation that would delay for six months a new Department of Labor Rule revising the standards overtime pay eligibility. The rule is scheduled to take effect on December 1, 2016. Under this legislation, it would not take effect until June 1, 2016. The bill is highly unlikely to become law, and represents a political vote to enable House members to campaign on the issue during the home stretch of election season.

Labor Update: New Overtime Legislative Strategy; Joint Employer Update with Subway Restaurants

August 8, 2016

Labor Update: New Overtime Legislative Strategy; Joint Employer Update with Subway Restaurants

NATSO and its allies in the labor community have begun advocating for legislation that, rather than repealing the DOL's new overtime rule would phase in the new salary threshold incrementally. NATSO will continue urging policymakers to repeal the new law, but the chances of President Obama signing such legislation are slim. The lobbying efforts in favor of such legislation, however, helped prompt Democrats to introduce the modified bill.

House Committee Approves Spending Bill; Provisions Would Block Harmful Labor Initiatives

July 15, 2016

House Committee Approves Spending Bill; Provisions Would Block Harmful Labor Initiatives

The House Appropriations Committee on July 14 approved the fiscal year 2017 Labor, Health and Human Services funding bill with provisions that would prohibit the Labor Department from enforcing several labor initiatives opposed by the travel plaza and truckstop industry.

Congressional Hearing Explores Impact of Overtime Rule

June 12, 2016

Congressional Hearing Explores Impact of Overtime Rule

The Department of Labor’s (DOL) final Overtime Rule will make it harder for small businesses to grow and create jobs as well as harm the employees it is designed to help, a panel of experts testified before the House Committee on Education and Workforce.

June 3, 2016

NATSO Issues Overtime Rule Analysis and Compliance Guide

NATSO issued a detailed analysis and compliance guide for the Department of Labor's Overtime Eligibility Rule issued May 18, 2016.

Industry Awaits Final Overtime Regulation

May 2, 2016

Industry Awaits Final Overtime Regulation

As the Department of Labor works to finish its overtime rule by summer, rumors are circulating that the agency could lower the salary threshold for overtime eligibility. It remains unclear at this time what the final overtime rule will look like. However, Politico reported that the agency is considering lowering the salary level at which employees are eligible for overtime to $47,000, down from $50,440 in the proposed rule.

Labor Dept. Issues Final "Persuader" Rule on Union Organizing Communications by Employers

March 25, 2016

Labor Dept. Issues Final "Persuader" Rule on Union Organizing Communications by Employers

The Department of Labor (DOL) on March 23 issued its final "Persuader Rule," requiring employers and their hired labor-relations consultants to disclose far more of their communications to employees. The employer community has expressed concern that the rule will limit employers' access to expert advice as to how to communicate with employees regarding the pros and cons of unionization.

Labor Issues Update: Key Developments on Overtime, Joint Employer Issues

March 18, 2016

Labor Issues Update: Key Developments on Overtime, Joint Employer Issues

There were several important developments the week of March 14 on two labor issues that are critical to NATSO members: Efforts to expand the universe of employees entitled to overtime pay; and the joint employer issue, which could expose companies to legal liability for how their subcontractors, staffing agencies, and franchisees treat their employees.

Congressmen Urge DOL to Reconsider Expanded Overtime Eligibility

February 19, 2016

Congressmen Urge DOL to Reconsider Expanded Overtime Eligibility

More than 100 members of the U.S. House of Representatives asked Labor Secretary Thomas Perez to reconsider the Department of Labor’s proposed regulation to expand overtime eligibility arguing that the one-size fits all rule would adversely affect employers and hurt the nation’s workers instead of helping them.

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