On February 7, 2022, the White House Task Force on Worker Organizing and Empowerment issued a report recommending, among other things, increased coordination among agencies working on labor and employment matters. In a memorandum circulated on February 10, 2022, National Labor Relations Board General Counsel Jennifer A. Abruzzo announced her
NLRB, DOL, and EEOC Announce Joint Initiative to Combat Worker Retaliation
By Steven Porzio & Elizabeth Dailey on
Today, the National Labor Relations Board (NLRB), along with the U.S. Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC), announced the creation of an interagency initiative to raise awareness of worker retaliation issues. Building upon their pre-existing interagency relationships, the NLRB, DOL, and EEOC seek to further…
Concluding the 2016 Persuader Rule Changes “Exceeded Authority” of the LMRDA, DOL Rescinds Them
By Mark Theodore on
The Department of Labor fully rescinded the 2016 changes made to the Persuader Rules. The DOL concluded that the 2016 rule changes “exceeded the authority of the Labor-Management Reporting and Disclosure Act (LMRDA)” because they “impinged on attorney-client privilege. The action rescinding the rule was announced in a July 17,…
Out With A Whimper: DOL Moves To Rescind Persuader Rules
By Mark Theodore on
As we reported last month, the DOL was considering what to do with the enjoined persuader rules, new regulations that would have drastically changed the interpretation of the advice exemption to the LMRDA reporting requirements. In sum, the new rules effectively narrowed the advice exemption to require reporting of a…
Comments Filed With Department Of Labor Over Proposed Persuader Rules
By Mark Theodore on
Another milestone in the government’s quest to upend labor relations in the United States passed last week. The deadline for filing comments with the Department of Labor (“DoL”) about its proposal to narrow the “advice” exemption under the Labor Management Reporting and Disclosure Act (“LMRDA”) expired September 21, 2011. Several interested parties filed comments…
Regulatory Two-Step – DOL and NLRB Announce Proposed Rules Limiting Employer Communications with Employees Regarding Union Representation
By Ronald Meisburg on
This week federal labor agencies have launched two proposed rulemakings of significance. Both may have a substantial impact on the substance and process of employer communications with employees on the issue of union representation.
First, the U.S. Department of Labor, Office of Labor-Management Services, announced a notice of proposed rule…