Posts tagged David Weil

    Congress thwarted Biden on unions. Or did it?

    June 24, 2022 // “One of the biggest problems with this DOL is its obvious union favoritism,” the top Republican on the House Education and Labor Committee, Virginia Foxx (R-N.C.), said at a hearing this month. “This department has bowed low enough before union bosses to taste dirt. How many times has the Biden administration’s DOL kowtowed before union bosses instead of standing up for workers?” From installing former union official Marty Walsh as Labor secretary, to outfitting the National Labor Relations Board with union alums, to issuing a spate of union-friendly executive orders, the White House has taken significant steps toward expanding union membership despite the challenges presented by a narrowly divided Congress. Steve Rosenthal, Rep. Donald Norcross, Shane Larson, Communication Workers of America, Kate Bronfenbrenner, Doug Parker, Alice Stock, Lauren McFerran, Bobby Scott, Nick Niedzwiadek

    Biden Administration Continues Waging War on Freelancing

    June 10, 2022 // The U.S. District Court for the Eastern District of Texas ruled the department violated the Administrative Procedure Act of 1946 by only offering a 19-day comment period on the “delayed” IC rule. Governmental agencies must allow 30-60 notice-and-comment periods. The Coalition for Workforce Innovation et al. v. Walsh decision reads like this, “Having vacated the Delay Rule, the court turns to the Withdrawal Rule. Plaintiffs claim that the Withdrawal Rule is arbitrary and capricious, in violation of the APA. Again, the court agrees.”

    Labor Relations Radio, Ep 13—Guest: Michael Layman of the International Franchise Association

    April 1, 2022 // Michael Layman of the International Franchise Association From the ‘ABC Test’ to ‘Joint Employer,’ the franchise business model is under assault on multiple fronts, with millions of jobs at stake.

    DOL Nominee Rejected by Senate: David Weil

    March 31, 2022 // On March 30, 2022, the Senate rejected the nomination of David Weil to serve as administrator of the Department of Labor’s Wage and Hour Division. The vote failed 47-53.

    Gig Economy May See Tougher Contractor Rule After Court Victory

    March 18, 2022 // “If David Weil were to be confirmed, there’s little doubt as to how he feels about the independent contractor issue with respect to the AI that he issued,” Lotito said. While the agency’s day-to-day work under acting administrator Jessica Looman doesn’t depend on a Senate-confirmed leader, the absence of a permanent administrator can slow down the agency’s ability to advance large policy changes.

    Sinema has a golden opportunity to stand with small businesses

    February 16, 2022 // The first item on the list, the Protecting the Right to Organize (PRO) Act, would upend American labor law to boost cratering union membership. The bill does this by nullifying right-to-work laws nationwide, which prohibit employers from forcing their employees to join a union as a condition of employment. The PRO Act also makes it nearly impossible to work as an independent contractor by codifying California’s ABC test, threatening the 59 million Americans that engage in freelance work.

    David Weil vs. Small Business

    January 28, 2022 // President Biden’s legislative agenda is stalled on Capitol Hill, but the fallback is to impose whatever his appointees can by regulation. That’s clear enough from the effort to confirm David Weil to run the Wage and Hour Division of the Labor Department, despite his excesses in the Obama Administration