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October 2018

Federal Labor Law Revisions

Three of the major federal agencies which govern employment in America are working on revisions to current interpretations of federal labor law.

The NLRB has already issued a proposed rule that would revise how that agency views joint employment. Under the proposed new rule, it would need to be established that an entity exercised substantial, direct and immediate control over the employees’ essential terms and conditions of employment and this must be accomplished in a manner that is not limited and routine, in order for joint employment to be found. The approach taken by the NLRB under President Obama where indirect control and contract reservation rights could be a basis for joint employment would be rejected. The public comment period expires next month.

The U.S. Department of Labor (DOL) has also announced that it too will weigh in on joint employer issues. In addition, the DOL has announced it will be issuing its long-awaited update to the “white collar” overtime exemptions.

Additionally, the EEOC has announced that next June it hopes to issue rules on wellness programs.

Please contact any of our attorneys if you have any questions about any of these issues.