Posts tagged Obama Era

    Reps. Foxx, Kiley to Su: Withdraw Proposed Overtime Rule

    November 8, 2023 // Several other GOP lawmakers also signed onto the letter, including Glenn "GT" Thompson, Pennsylvania; Tim Walberg, Michigan: Elise Stefanik, New York; Rick Allen, Georgia; James Comer, Kentucky; Lloyd Smucker, Pennsylvania; Burgess Owens, Utah; Bob Good, Virginia; Mary Miller, Illinois: Michelle Steel, California; Julia Letlow, Louisiana; Aaron Bean, Florida; Eric Burlison, Missouri, and Erin Houchin, Indiana. "DOL under President Trump published a rule that responsibly updated the salary threshold and considered extensive stakeholder feedback before issuing the final rule," the letter states. "The same cannot be said about the rushed efforts of the current DOL to push through a rule which makes changes as extreme as they are unnecessary."

    Franchisors may be more liable for employees under broadened joint employer rule

    October 26, 2023 // The National Labor Relations Board just issued a final labor rule that broadens the joint employer rule to make companies jointly liable with their franchisees for labor terms and conditions such as union contracts, pay, scheduling, and more, reviving an Obama-era rule that was limited in scope during the Trump Administration. Moving forward, franchisors will likely need to become more involved in creating and enforcing workplace policies, something that previously was left mainly up to franchisees. According to the National Labor Relations Board, this is a legal course correction back to the way the joint employer rule originally worked. Related: Appeal of McDonald's joint employer settlement denied by Labor board “The Board’s new joint-employer standard reflects both a legally correct return to common-law principles and a practical approach to ensuring that the entities effectively exercising control over workers’ critical terms of employment respect their bargaining obligations under the NLRA,” NLRB chairman Lauren McFerran said in a statement. “While the final rule establishes a uniform joint-employer standard, the board will still conduct a fact-specific analysis on a case-by-case basis to determine whether two or more employers meet the standard.” Trade organizations and business groups have pushed back against the ruling, with the National Restaurant Association and Restaurant Law Center, stating that it will “create chaos and legal questions” across the industry, as restaurants with franchisees try to figure out how to change their operational policies to fit the new rule. Related: NLRB to rule on joint employer status by summer “Today’s final rule on joint employer is a heavy blow to small business restaurant operators,” Sean Kennedy, executive vice president for Public Affairs at the National Restaurant Association said in a statement, adding that almost one-third of the restaurant industry would be affected by this rule. “The rule upends employment policy, adopting a far-fetched definition of ‘employer’ based on ‘indirect or potential influence’ of an employee and then fails to define how ‘indirect control’ will count toward a joint employer relationship.” The previous rule, which was finalized by the Department of Labor under the Trump administration in Jan. 2020, adopted a four-part test for assessing whether a company is a joint employer of another company’s workers, like the franchisor-franchisee relationship. Previously, companies were given joint employer status if they exercised “direct and immediate control” over the key terms of another organization's employees, like a franchisee. Now, that definition has been expanded to companies jointly classified as "sharing or co-determining” employment terms (like pay, scheduling, workplace rules, etc.).

    Why the Obama era ‘car czar’ thinks striking autoworkers risk overplaying their hand

    October 3, 2023 // Because you have to put the whole thing in context. GM and Ford and Chrysler are doing quite well at the moment. They have cash, they have profits, they have the ability to pay them more, but they also have to compete against other companies. And in the South, you have companies like Toyota and Honda that don't have unions at all. In Mexico, you have workers making literally $9 or $10 a day and are very productive, according to what auto executives tell me. And so, if the Detroit companies have an excessively high burden of wage costs, or fringe benefit costs, then they can't compete. They lose car sales. Ultimately, the workers lose jobs and the jobs move to these other places.

    Millions more workers would be entitled to overtime pay under a proposed Biden administration rule

    August 30, 2023 // The proposed regulation, unveiled by the Department of Labor, would require employers to pay overtime to salaried workers who are in professional, administrative and professional roles but make less than $1,059 a week, or $55,068 a year for full-time employees. That salary threshold is up from $35,568 level that has been in place since 2019 when Trump administration raised it from $23,660, in a more modest increase than President Barack Obama’s earlier proposal.

    NLRB restores Obama-era rule speeding up union election process

    August 25, 2023 // The U.S. National Labor Relations Board (NLRB) on Thursday finalized procedural changes that will speed up the union election process, which have been criticized by business groups for favoring organized labor. The Democrat-led board's rule restores changes to the election process that were adopted during the Obama administration and largely eliminated in 2019 when appointees of Republican former President Donald Trump led the board. Among the key provisions of the new rule are a requirement that elections be held before related litigation is resolved. Under the Trump-era regulation, the board had to rule on issues such as workers' eligibility to vote and alleged unlawful conduct by employers before holding an election.


    July 24, 2023 // With Democrats facing tough midterm elections, expect more union giveaways while still controlling Congress. Love it or hate it, the federal government is pushing its thumb firmly on the Union side of the scale.

    Union-friendly changes in the works at U.S. labor board

    January 4, 2023 // The U.S. National Labor Relations Board's Democratic majority is poised to make a series of key changes to federal labor law in 2023 that will aid unions amid a surge in organizing that gained momentum during the COVID-19 pandemic. The NLRB and its general counsel, Jennifer Abruzzo, have signaled their interest in overturning a number of Trump-era decisions that were favored by business groups.

    NLRB: Employment Law Update, December 21, 2022

    December 26, 2022 // The NLRB's Been Busy We've long previewed the National Labor Relations Board's (NLRB's) action on a number of issues, now that Board membership reflects President Biden's appointees and embodies his pro-labor priorities. In recent weeks, we've seen several updates come through from the agency, including

    Festive NLRB Provides Holiday Gifts to Unions/Employees

    December 16, 2022 // It has been clear for some time that the Board and General Counsel are doing their part to encourage, cultivate, and increase union density in the privatized workforce.