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Union Bailout Update

Alex Acosta

The DOL under new head Alexander Acosta has withdrawn two memos (or administrative interpretations) originally posted by the Wage & Hour division related to independent contractor and joint employer status. Although such action does not change any law, it does signal the administration’s possible intention to backtrack up the slippery slope of joint employer issues.

The administration also revoked a 2013 Letter of Interpretation which allowed non-employee union members to attend OSHA inspections, even when no employees at the targeted company were represented by a union.

The DOL has also signaled that it intends to revoke the Persuader Rule, publishing a Notice of Proposed Rulemaking that will take public comment on rescinding the rule altogether.

Acosta apparently

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Union Bailout Update

Alex Acosta

All employers will be able to breathe more easily once the union-friendly DOL officials have been swept from the administration. Case in point: DOL General Counsel Richard Griffin’s January memo claiming that football players at all 17 private schools in Football Bowl Subdivision (FBS) are employees under the National Labor Relations Act (NLRA), conflicting with an earlier decision by the NLRB in which it declined to exercise its jurisdiction over a representation petition filed by a union seeking to represent Northwestern University’s scholarship football players. Rep. Virginia Foxx, head of the House Education and the Workforce Committee, called on Griffin to “abandon his partisan agenda or step down immediately.”

With the nomination of Alex Acosta to head the Dept of Labor, and the appointment of

Continue reading Union Bailout Update