Tag Archives: DOL

R. Alexander Acosta Picked to Head Department of Labor

President Donald Trump has nominated R. Alexander Acosta to be Secretary of Labor. His nomination comes one day after Andrew Puzder, Trump’s first pick to lead the Department of Labor, withdrew his nomination. Acosta, currently the Dean of Florida International University’s law school, is the son of Cuban immigrants. If confirmed, Acosta would be the … Continue Reading

DOL Nominee’s Confirmation Hearing To Take Place Next Week

The confirmation hearing for Secretary of Labor-nominee Andrew Puzder before the Senate Health, Education, Labor and Pensions (HELP) committee will take place on February 16, according to Politico. The hearing has been delayed four times. The last one, scheduled for February 7, was put off “indefinitely” because the HELP committee had not received the required … Continue Reading

NLRB Joins Other Federal Agencies in Combatting Retaliation

Several federal agencies have joined forces to release a joint Fact Sheet highlighting the various anti-retaliation provisions of the workplace laws these agencies enforce. “Retaliation Based on the Exercise of Workplace Rights is Unlawful” is a collaborative effort of the National Labor Relations Board, the Wage and Hour Division of the U.S. Department of Labor, … Continue Reading

Puzder Chosen to Head DOL: Many Changes Expected

President-elect Donald Trump has announced his intention to nominate Andrew Puzder, Chief Executive Officer of CKE Holdings, the parent company of Carl’s Jr. and Hardee’s, to head the U.S. Department of Labor. Puzder has criticized state and local minimum wage increases, the Affordable Care Act (ACA), and government overregulation, among other things. If Puzder is … Continue Reading

Court Halts Labor Department’s New Persuader Rule

The U.S. District Court for the Northern District of Texas, Lubbock Division, has issued a nationwide preliminary injunction against the U.S. Department of Labor’s “persuader” rule promulgated under the Labor-Management Reporting and Disclosure Act. National Federation of Independent Business, et al. v. Perez, Civil Action No. 5:16-cv-00066-C (N.D. Tex. June 27, 2016). Unless the ruling … Continue Reading

Minnesota Court Rules in Persuader Lawsuit, Finds “Strong Likelihood” of Success on the Merits, But Rule Remains Effective July 1

The U.S. District Court for the District of Minnesota today ruled in Labnet Inc. d/b/a Worklaw Network, et al v. United States Department of Labor, et al, that the plaintiffs have a strong likelihood of success on the merits of their lawsuit challenging the DOL’s new “persuader” rule, but refused to stay or enjoin the rule. Therefore, for now, … Continue Reading

DOL’s New “Persuader Activities” Rule Is Finalized – Effective Late April 2016

The United States Department of Labor (DOL) has announced that it will publish its final rule relating to “persuader” activity under the Labor-Management Reporting and Disclosure Act (LMRDA) on March 24, 2016, almost five years after first proposing it. The rule (which was opposed by, among others, the American Bar Association, Association of Corporate Counsel, the … Continue Reading

NLRB and Department of Labor: One Hand Washes the Other to Promote Cross-Filed Complaints

Our colleagues at Jackson Lewis’ OSHA Law Blog recently reported that the Occupational Safety and Health Administration of the Department of Labor (DOL) and the NLRB had entered into an agreement whereby OSHA would notify complainants who file untimely OSHA retaliation charges of their right to file an unfair labor practice charge with the NLRB.  … Continue Reading

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

2013 Union Membership Holds Steady as Private Sector Growth Offsets Public Sector Decline

The Bureau of Labor Statistics reports the nation’s overall union membership rate remained the same in 2013, at 11.3 percent of the labor force, but for the first time in five years, there are more union members in the private sector than in government. The public sector union membership rate fell to 35.3 percent from … 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

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 to share information, to refer matters to each … Continue Reading

House Committee Speaks Up Regarding Proposed Changes to LMRDA Advice Exception

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 Department of Labor’s … Continue Reading

Collectively Bargained Wage Increases Rise, but Remain Below Former Levels

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 action at the … 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

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
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