Recent Posts
The Legal Stuff
BT Labor Relations - Current News and Practical Analysis
0

10 Jul 2017 Department of Labor Aims to Rescind ‘Persuader Rule’; Comments Due Aug. 11

  Last month, the U.S. Department of Labor (DOL) submitted a notice of proposed rulemaking intended to rescind what is known as the “persuader rule.” We previously reported that the persuader rule, which was first published in 2016 during the Obama administration, was controversial and had been tied up in litigation for months; at the end of 2016, a federal court stopped it from being enacted. The rule would have required employers to publicly disclose…

READ MORE
1

07 Jun 2017 Whose Law is it Anyway? NLRB Region’s Complaint Seeking to Have Contractors Converted to Employees Throws Agency into the Misclassification Fray with the IRS and DOL

  Misclassification of employees as independent contractors is a huge area of concern for many companies, as a misclassification finding can result in big fines, penalties, and/or back wages and taxes. And those negative outcomes can be imposed by any one of several agencies – from the Internal Revenue Service (IRS) to the Department of Labor (DOL) to state unemployment agencies. The National Labor Relations Board (NLRB) may now be jumping into the misclassification fray….

READ MORE
1

24 May 2017 It Could Be. It Might Be. IT IS! DOL’s Persuader Rule To Be GONE!

  Media outlets are reporting that the Department of Labor (DOL) officially is moving to drop its “persuader rule” that would have imposed significant reporting requirements on companies and consultants related to union-avoidance efforts.   On May 22, the DOL formally proposed to revoke the controversial rule. The rule has been tied up in litigation for months, and a challenge currently is pending in the Fifth Circuit Court of Appeals. The DOL’s move to rescind the…

READ MORE
0

27 Oct 2016 Down to the Wire: DOL’s “Blacklisting Rule” Enjoined

  A federal judge in Texas has blocked implementation of major portions of the U.S. Department of Labor’s (DOL) Fair Pay and Safe Workplaces rule, the so-called “blacklisting” rule.   Judge Marcia A. Crone of the U.S. District Court for the Eastern District of Texas entered a nationwide preliminary injunction order on Oct. 24 blocking the Oct. 25 implementation date of the DOL rule, along with a related Obama Executive Order, the Federal Acquisitions Regulations…

READ MORE
0

11 May 2016 DOL Defends Persuader Rule Claiming There Is No Threat to the Attorney-Client Privilege

On May 6, the Department of Labor (DOL) vigorously defended its revised and narrower interpretation of the “advice exception” in the Labor Management Reporting and Disclosure Act (LMRDA). In the final rule, the DOL announced on March 24 that it was changing its interpretation of the LMRDA’s “advice exception” and a number of law firms filed suit in the District Court of Minnesota (Labnet Inc. v. Perez, D. Minn. , No. 16-cv-844) seeking injunctive relief to…

READ MORE
0

21 Apr 2016 Ties Go to the Runner and the NLRB

There’s an oft-cited but unwritten rule in baseball that all ties go to the runner. The D.C. Circuit Court of Appeals this week applied that same concept in upholding a decision of the National Labor Relations Board (NLRB) finding that musicians for the Lancaster Symphony Orchestra in Pennsylvania were employees of the Orchestra and not independent contractors.   In Lancaster Symphony Orchestra v. NLRB, the D.C. Circuit Court of Appeals examined an NLRB decision from…

READ MORE
0

23 Mar 2016 DOL Publishes Final Persuader Rule

  The U.S. Department of Labor (DOL) has published its long-awaited final rule regarding “persuaders” hired by employers during union organizing campaigns. The text of the full rule (clocking in at 446 pages) can be found here.   The rule essentially rewrites (although, the DOL uses the word “realigns”) the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA). As stated by the DOL, “This Final Rule requires that employers and the consultants they hire file reports…

READ MORE
0

30 May 2014 DOL’s Proposed Rule Concerning Reporting Use of Labor Consultants Slated to Become Final in December

  On Friday, May 23, the White House released its bi-annual Unified Agenda, including an update on the timing of Department of Labor’s (DOL) proposed rule altering definitions of labor relations consultants for the purpose of required employer reporting.  According to the Unified Agenda, the DOL’s rule is set to become final in December 2014, the same time period when the DOL intends to publish  a notice and comment rulemaking seeking consideration of an updated…

READ MORE