Posts tagged Obama administration
Employment Law Landscape Could Change After Election
September 16, 2024 // During the Trump administration the NLRB majority narrowed the scope of the National Labor Relations Act in several key respects and established a more neutral approach to union organizing. The Biden/Harris administration, which styled itself as the “most union-friendly in history,” reversed virtually all of the Trump-era policies, significantly expanded the scope of the law, and tilted the organizing landscape in favor of organized labor, Hayes said.
Walz Twists Some Labor Claims
August 19, 2024 // Delivering remarks at a labor union conference in California, Minnesota Gov. Tim Walz stretched the facts with several labor-related claims.
Opinion: Bill Would End Taxpayer-Funded Union Activities by Federal Employees
August 5, 2024 // Although the Trump-Pence administration tried to rein in official time—limiting it to no more than 25% of employees’ time—the Biden-Harris administration reversed those reforms. Taxpayers presumably once again pay some employees to spend 100% of their time working for their unions. I say presumably because the Biden-Harris administration removed the Office of Personnel Management’s webpage on official time, which had provided transparency for more than a decade on how many federal employees did work for their union instead of for taxpayers, and how much time they spent doing it. Although we no longer know how many federal employees use official time, or how much total time they’re using, the disappearing webpage doesn’t indicate that official time has declined.
TSA Union Formation Faces Scrutiny
May 30, 2024 // The union that represents TSA agents was put into place via a series of administrative actions undertaken by the Obama Administration. This has led some labor experts to wonder if the union representing these tens of thousands of workers was properly instituted. To address these concerns, Americans for Fair Treatment (AFFT) sought answers through a series of requests made under the federal Freedom of Information Act (FOIA).
How changes to ‘noncompete’ agreements and overtime could affect workers
April 26, 2024 // They’ll also have to determine how they will budget for the extra pay for overtime. Small businesses will have the toughest time. “Some are going to have to cut workers,” Hollis said. “Others will have to cut hours from existing workers. “Some are going to have to raise prices, and some probably won’t be able to figure out a way to make it economically work and wind up having to shut down, unfortunately.”
How much time do federal bureaucrats spend working for unions?
April 6, 2024 // As an example of how the administration was already pursuing such policies, the report boasted of how Biden had “restored” official time at the Department of Veterans Affairs. The upshot: The more than 400 medical staff Trump had returned to their actual federal jobs could once again spend their workday on union activism rather than caring for the nation’s veterans. In a March 2023 update, the task force “proudly announced” the unionization of 80,000 more federal employees, purportedly due to the administration’s pro-union strategies. And earlier this month, Biden issued still another order directing federal agencies to establish “labor-management forums” at which agency leaders will engage in “pre-decisional” consultation with union officials over “workplace matters” and discuss how to “promote satisfactory labor relations.”
Everything You Need to Know About the Department of Labor Independent Contractor Rule
March 12, 2024 // The DOL does not provide an analysis of how many independent contractors will actually become employees. Let’s say a company is contracting with 100 photographers, all of whom are affected by this rule: how many of those photographers will become employees? It’s clearly not all 100 of them. To unpack the potential benefits (and costs) on workers, we need some analysis into how many of those 100 freelance photographers would become employees. Another consideration for the benefits side of the equation is whether most independent contractors are currently working with small businesses or larger ones. This matters because, as I point out in a previous post, many small businesses do not provide healthcare insurance, retirement benefits, or maternity benefits to their employees. This means that the “benefits” differences between an independent contractor and an employee at a small business are smaller than expected.
Let’s Address the Real Challenges for Independent Contractors and Gig Workers
February 5, 2024 // Self-employment fell by 10.5 percent on average for non-exempt occupations, while overall employment fell by 4.4 percent on average for non-exempt occupations Occupations with a greater prevalence of self-employed workers saw greater reductions in both self-employment and overall employment In other words, on average, 1 in 10 self-employed individuals may have lost self-employment opportunities in California among occupations not exempt from AB5, while there is no evidence of an accompanying increase in traditional employment opportunities among workers in non-exempt occupations.
New Study on California AB5 and Implications for the Department of Labor’s Independent Contractor Rule
January 18, 2024 // 1. First, employers may have hired some, but not most, independent contractors as employees, while other employers may have stopped working with their contractors based in California altogether. 2. Second, some employers may have extended employment opportunities to independent contractors who then declined such offers. Workers with a strong preference for flexible hours or for working with multiple clients, for instance, may not have wanted to work as traditional employees with one company. 3. Third, some small business owners may have been forced to shut down if they relied heavily on independent contractors and could not afford to hire them as employees or stopped working with independent contractors because of fear of compliance. This was highlighted by interviews of small business owners in the wake of AB5.
US House Votes to Repeal Labor Board Rule on Contract, Franchise Workers
January 16, 2024 // The Republican-led U.S. House of Representatives on Friday voted to repeal a federal labor board rule set to take effect in February that would treat companies as the employers of many contract and franchise workers and require them to bargain with those workers’ unions. The House voted 206-177 to nix the National Labor Relations Board (NLRB) rule, which has been heavily criticized by business groups. The vote sends the proposal to the Senate where Democrats hold a one-seat majority but Senator Joe Manchin, a Democrat from West Virginia, has said he opposes the rule.