The United Stated Department of Labor Office of Labor-Management Standards (“OLMS”) recently signaled an alarming willingness to use its broad subpoena powers under Section 601 of the Labor-Management Reporting and Disclosure...more
GOVERNMENT CONTRACTS LAW - GSA to Clarify Agency Physical Security Standard Responsibility The General Services Administration (GSA) issued a proposed rule to revise the Federal Management Regulation to clarify the...more
On February 6, 2020, the House of Representatives passed H.R. 2474, The Protecting the Right to Organize Act of 2019 (PRO Act). The PRO Act would fundamentally alter federal labor law by dramatically tilting the playing field...more
1.Business lobbyists reportedly are urging the Trump Administration to not re-nominate National Labor Relations Board (NLRB) Member Mark Gaston Pearce (D) for a third term. Pearce’s term at the five-member Board is scheduled...more
See Ya Later, Persuader. It took more than eight years, but the U.S. Department of Labor’s (DOL) persuader rule has finally been rescinded. Proposed just one day prior to the National Labor Relations Board’s (NLRB) 2011...more
Obama-Era Persuader Rule is Finally Dead - On July 17, 2018, the Department of Labor (“DOL”) formally announced what has appeared inevitable since President Trump’s election – the Obama-era “Persuader Rule” is officially...more
Senator Bernie Sanders (I-VT), joined by a number of union leaders and Democratic lawmakers, yesterday announced introduction of the “Workplace Democracy Act” in the Senate. The bill recycles a number of the failed...more
Home health aides who successfully objected to the collection of “fair share” fees without their consent may not proceed as a class, a panel of the U.S. Court of Appeals for the Seventh Circuit, in Chicago, has ruled,...more
Five months into President Trump's term, his administration's workplace policy is beginning to take shape. From notable developments at the Department of Labor (DOL), to long-awaited nominations to the National Labor...more
The U.S. Department of Labor (DOL) moved one step closer to undoing President Obama's permanently enjoined “persuader activity” regulation when, on June 12, the agency issued a notice of proposed rulemaking (NPRM) for reverse...more
Introduction - In the final year of his two term tenure, President Barack Obama’s National Labor Relations Board and Department of Labor continued their double barrelled efforts to remake labor law to benefit labor...more
NEWS & ANALYSIS - President-Elect Trump chooses Andrew F. Puzder for U.S. Secretary of Labor – “the times they are a changin’.” As we reported at the time, on December 8 President-Elect Trump announced that Andrew F....more
Labor lawyers at Roetzel have warned clients about the National Labor Relations Board’s (NLRB) controversial “Persuader Rules” for five years. However, thanks to a court in Texas that permanently enjoined the rule, we no...more
Most employers know that the National Labor Relations Board (NLRB) has been on a years-long tear to make it easier for workers to unionize and harder for employers to resist those efforts. This post in two parts is the latest...more
NEWS & ANALYSIS - DOL Persuader Rule will not take effect July 1, after court issues preliminary injunction – In the second decision to be issued in the three lawsuits challenging the U.S. Department of Labor’s new...more
On June 27, a federal court in Texas enjoined the United States Department of Labor (“DOL”) from implementing its new interpretation of the “Persuader Rule.” In a sweeping 86-page rebuff to the DOL, the court opined that the...more
Judge Brett Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit recently opened an opinion with this sentence: “Common sense sometimes matters in resolving legal disputes.” While it is...more
NEWS & ANALYSIS - DOL’s “Persuader Rule”: Fight on! – As we have previously reported, the U.S. Department of Labor on March 24 issued new regulations that adopt a new interpretation of the "persuader" reporting...more
This month's edition of Littler's Workplace Policy Institute Insider Report includes articles on the Administration's push to finalize rules before the November elections, legislative and litigation steps to thwart those...more
In follow-up to our earlier blog post about the first lawsuit to challenge the U.S. Department of Labor’s Final Persuader Rule that was promulgated in late March, two additional lawsuits have been filed challenging the Final...more
On March 30, 2016, one week after the U.S. Department of Labor (DOL) published its final “Persuader” Rule, the National Association of Manufacturers and other national, state and local business groups sued the DOL to block...more
New guidance from the U.S. Department of Labor creates a barrier for employers seeking confidential advice about dealing with union organizing campaigns. Under the revised “persuader” rules, currently set to take effect on...more
“Pay no attention to that man behind the curtain. The great Oz has spoken.” Invoking the Wizard of Oz, US Secretary of Labor Thomas E. Perez and the US Department of Labor unveiled last week the finished product of its...more
On March 23, 2016, the U.S. Department of Labor (DOL) issued final regulations revising the “advice exemption” and requiring employers and consultants (including lawyers) to report labor relations advice and services under...more
As we’ve previously blogged, for several years the Obama Administration has been on a calculated campaign to increase unionization in America. Federal agencies, particularly that National Labor Relations Board, have been...more