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Labor & Collective Bargaining

Category Archives: DOL

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DOL Persuader Rule Undermines Attorney-Client Privilege, AGs Say

Fourteen state attorneys general have written to Secretary of Labor Thomas Perez complaining that the  Department of Labor’s proposed “persuader” rule would undermine attorney-client privilege and have requested the rule “be withdrawn as drafted.” The Labor-Management Reporting and Disclosure Act (LMRDA) requires reporting to the DOL of “[a]ny agreement or arrangement with a labor relations… Continue Reading

U.S. Department of Labor Delays Implementation of Revised ‘Persuader’ Rule

The Department of Labor’s proposed final revisions to its rule requiring employers and others to report arrangements, receipts, and expenditures derived from providing services defined as persuasive activities will not be implemented by the March 2014 target date.  A new implementation date was not announced.  This is the second delay for the revisions, which originally… Continue Reading

DOL’s Rule Redefining LMRDA ‘Advice Exception’ and Expanding Types of Activities Considered Persuasive and Reportable Expected in March 2014

Publication of the Department of Labor’s final revisions to the Labor-Management Reporting and Disclosure Act (LMRDA), requiring employers and others to report arrangements, receipts, and expenditures derived from providing services defined as persuasive activities, has been delayed until March 2014, according to the DOL’s latest regulatory agenda. The proposed revisions to the LMRDA would change… Continue Reading

Federal Agencies to Cooperate to Increase Prosecutions for Immigration Related Unfair Employment Practices and Unfair Labor Practice Charges

Authors: Harry J. Joe and Thomas V. Walsh The United States Department of Justice announced on July 8, 2013 that its Civil Rights Division’s Office of Special Counsel for Immigration – Related Unfair Employment Practices (OSC) has entered into a Memorandum of Understanding (MOU) with the National Labor Relations Board that will allow both agencies… Continue Reading

House Committee Speaks Up Regarding Proposed Changes to LMRDA Advice Exception

Author: Chad Richter As you may recall, in April, 2013, the House passed H.R.1120, the “Preventing Greater Uncertainty in Labor-Management Relations Act,” by a 219-209 vote.  See, “Noel Canning: Congress Enters the NLRB Fray.” Now the House once again has expressed its dissatisfaction with the Administration’s handling of labor issues, this time regarding the United States… Continue Reading

Collectively Bargained Wage Increases Rise, but Remain Below Former Levels

Author: Tom Walsh One of the functions of experienced collective bargaining agreement negotiators and human resources professionals in unionized and union-free companies is to keep abreast of the labor market conditions locally and within his or her client’s industry. In unionized companies, having this information will assist these individuals in recommending a considered course of… Continue Reading

Webinar: Analysis of the Labor Relations Implications of the Election

Attorneys from the Labor Practice of Jackson Lewis LLP will discuss the significant labor relations implications of the 2012 election on the labor landscape in a one-hour webinar available beginning November 20 at www.jacksonlewis.com.  The webinar is free of charge, no registration is required.  Jackson Lewis e-subscribers will receive a special alert on the webinar…. Continue Reading

Would You Believe It’s Always Sunny in Unionland?

Additional contributors:  Philip Rosen and Richard Greenberg, partners in our New York City office. Wrestling with some dismal data on the waning strength of America’s organized labor, Secretary of Labor Hilda L. Solis tried to make the best of it.  She said in her January 21st press release that the data showed the need for… Continue Reading

DOL-Private Bar Collaboration for Workers with Employment Complaints

As if proliferating collective actions, class actions and Department of Labor investigations and enforcement actions for wage-hour and Family and Medical Leave Act violations weren’t enough, American businesses may now face even more legal challenges from employees.  The 400,000-member American Bar Association has agreed to partner with the U.S. Department of Labor to establish an… Continue Reading