Topics: Human Resources

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. More

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. More

Bonus for Not Using Sick Time Okay?

Today Federated Insurance is sharing one of our “HR Questions of the Month” regarding employment-related practices liability issues. Question: We currently have a policy that provides that in the event an employee maintains the maximum accumulation of sick leave of 240 hours and does not use any sick leave during the calendar year, that employee shall receive a $200 bonus payable at the end of the year. Is this a concern for employment practices? We do not intend to discourage sick employees from using their time, rather to reward employees who do not abuse the current sick leave policy and have been healthy enough to accumulate their sick time, which they are allowed to use if they incur an injury but cannot get paid out (for unused hours) upon separation. More

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. More

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. More

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. More

Create a Successful Staffing Program to Enhance the Customer Experience at Your Truckstop

Competition is increasing, and we have to do everything we can to create a pleasant in-store experience for customers, particularly in our industry where our shoppers demand speed and convenience. One bad experience is all it takes to break a customer’s loyalty, and a single moment of customer frustration could cost you both customers and profits. More

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. More

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). More

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. More