Supreme Court tackles case posing threat to public-sector unions

September 29, 2017 - by: Tammy Binford 0 COMMENTS

Employers—especially public-sector employers—are eagerly awaiting the outcome of a case going to the U.S. Supreme Court that may deal a blow to unions’ ability to collect dues.

On September 28, the Court announced that it will hear Janus v. American Federation of State, County, and Municipal Employees (AFSCME), Counsel 31. The case, out of Illinois, challenges the union’s right to collect what’s known as “fair share” or “agency” fees from employees who don’t belong to the union and are covered under union-negotiated contracts.

With the addition of conservative Justice Neil M. Gorsuch to the Court earlier this year, many expect a union defeat.

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More probusiness NLRB on the way as Emanuel wins confirmation

September 25, 2017 - by: Tammy Binford 0 COMMENTS

by Tammy Binford

As William Emanuel takes a seat on the National Labor Relations Board (NLRB), employers will see the panel going in a more probusiness and less union-friendly direction, Board watchers say, but it will take a while before cases come up to roll back recent decisions.

Emanuel, an attorney representing management in labor and employment matters, won confirmation by the Senate on September 25, giving the panel its first Republican majority in 10 years. Emanuel most recently practiced in the Los Angeles office of large management-side law firm Littler Mendelson.

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Employers advised to stay tuned as another healthcare bill heats up

September 19, 2017 - by: Tammy Binford 0 COMMENTS

ACA snipAs yet another attempt to kill the Affordable Care Act (ACA) heats up in Washington, employers wondering how a new law might affect their benefit plans are advised to stay tuned. And with lawmakers facing a short timetable, at least some answers should be coming soon.

Lawmakers wanting to repeal and replace the ACA­—also known as Obamacare—are under pressure to pass a bill by September 30. If a bill is passed by that deadline, Senate Republicans would need just 50 votes, along with a sure tie-breaking vote from Vice President Mike Pence, to pass the measure under budget reconciliation rules. If a bill isn’t passed by September 30—when the reconciliation rules expire—60 votes will be needed to thwart a Democratic filibuster.

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Time running out to comment on long-stalled overtime rule

September 14, 2017 - by: Tammy Binford 0 COMMENTS

HR News Overtime Rule NearsEmployers and others have until September 25 to submit comments to shape the rule governing which workers are eligible for overtime pay. Once the deadline passes, employers will face a waiting game before learning what changes may be in store.

In late July, the U.S. Department of Labor (DOL) announced it was soliciting comments through a Request for Information (RFI) dealing with the long-stalled and much-debated rule aimed at raising the salary threshold in the Fair Labor Standards Act (FLSA) so that more workers will be eligible for overtime pay.

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Suit filed over Trump’s phaseout of DACA: what employers should know

September 06, 2017 - by: Holly Jones 0 COMMENTS

On September 5, President Donald Trump announced that the federal Deferred Action for Childhood Arrivals (DACA) program will be phased out over the next six months.

In response, 11 states and the District of Columbia have filed suit, alleging that the repeal of DACA violates the Equal Protection Clause of the U.S. Constitution and the federal Administrative Procedure Act.

As observers await the next steps, the DACA controversy is rapidly becoming reminiscent of the travel ban efforts from earlier this year.

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EEO-1 form’s pay data component suspended

August 30, 2017 - by: Tammy Binford 0 COMMENTS

EEOCby Tammy Binford

Employers may be breathing a sigh of relief after the announcement on August 29 that the pay data collection aspect of the EEO-1 form has been suspended.

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Right-to-work advocates dealt blow in Missouri

August 28, 2017 - by: Tammy Binford 0 COMMENTS

by Tammy Binford

Missouri’s new right-to-work law, which was supposed to take effect August 28, is on hold after opponents of the measure submitted petitions to put the law up for a voter referendum in November.

The state legislature passed the law, and Governor Eric Greitens signed it in February, but on August 18, unions and other opponents of the measure conducted a petition drive in an effort to put it on the November ballot.

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CBO: $194 billion deficit increase if key ACA subsidies end in 2017

August 16, 2017 - by: HR Hero Alerts 0 COMMENTS

ACA snipby Jennifer Carson

The Affordable Care Act (ACA) requires insurers to offer plans with reduced deductibles, copayments, and other means of cost-sharing to certain people, depending on their income, who purchase plans through the ACA marketplaces. In turn, insurers receive federal payments arranged by the Secretary of Health and Human Services to cover the costs they incur because of that requirement.

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Missouri right-to-work law set to take effect

by Bob Kaiser, Daniel O’Toole, and Jeremy Brenner

Missouri’s right-to-work law will take effect on August 28. The law was passed by the legislature and signed by Governor Eric Greitens in February.

Here are some key provisions of the law: read more…

Miscimarra announcement called ‘great loss’ but ‘no reason to panic’

August 11, 2017 - by: Tammy Binford 0 COMMENTS

NLRB logoNational Labor Relations Board (NLRB) Chair Philip Miscimarra’s reported decision to leave the Board when his term expires on December 16 rather than allow himself to be considered for another term has probusiness Board watchers looking ahead and lamenting the loss of his contributions to NLRB decisions.

Kevin C. McCormick, an editor of Maryland Employment Law Letter and chair of the labor and employment section at Whiteford, Taylor & Preston L.L.P. in Baltimore, said he was surprised by the news. He called Miscimarra’s coming departure a “great loss” but “no reason to panic.”

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