Topics: Labor

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. More

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. More

Four Ways to Improve Employee Retention Shared During NATSO Connect

Retaining top employees not only improves customer service and overall morale, it can save money, too. It costs about $4,000 every time an employee walks out the door, with employers having to pay to recruit new hires, fill the spot and train new employees. “If you keep your employee, you keep your money,” said Heather Meade, a consultant with Ernst & Young and a leader of NATSO’s HR Share Group. Meade and Ernst & Young’s Tara Bradshaw spoke during NATSO Connect 2018 and shared several concrete ideas for retaining top talent. More

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. More

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

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