Expert Compliance Insights & Tips for Businesses

January 16, 2019
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NLRB Targets Concerted Activity Definition

The National Labor Relations Board (NLRB), now with a 3-1 Republican majority, is seeking to limit the uses of the "protected concerted activity" clause of the National Labor Relations Act (NLRA). In a decision rendered Jan. 11, the majority members noted that, through the years, previous boards have "blurred the distinction between protected group action and unprotected individual action." ...
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January 15, 2019
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Judge Blocks Trump Contraceptive Rule Nationwide

After a California judge blocked it in 13 western states, a federal judge in Philadelphia on Monday put the full kibosh on the slated implementation of the Trump administration's new contraceptive rule for Obamacare, which would allow businesses to opt out of the act's birth control requirement based on "moral convictions." The Affordable Care Act (ACA, or Obamacare), which mandates free bir...
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January 11, 2019
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New Overtime Rule Reportedly Sent to White House

The long-anticipated rewrite of the Obama-era overtime rule has been submitted to the White House and its Office of Management and Budget (OMB) for review prior to the issuance of a Notice of Proposed Rulemaking (NPRM), it has been reported. This Trump-era rule is expected to set the salary threshold at which employees can be considered exempt from overtime pay at somewhere in the mid-$30,00...
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NYC Tests New Housing & Labor Solutions

January 10, 2019
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New York City Mayor Bill de Blasio is rolling out an initiative -- with a promised $100 million-a-year investment -- to guarantee all residents of his city access to health care. He calls it NYC Care. What he envisions is not single-payer, or even a health insurance scheme, but a copycat version of the San Francisco solution -- let everyone use the city's public health facilities and pay onl...
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January 9, 2019
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NLRB Judges Division Releases Revised Bench Book

The Judges Division of the National Labor Relations Board (NLRB) has issued an updated Bench Book, which replaces an earlier version issued in January 2018.  The new January 2019 edition contains citations to numerous additional board and court decisions and other authorities.  It also contains several new sections, including sections addressing compliance/backpay proceedings and consolidated u...
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EEOC Down to Two Members

EEOC Down to Two Members

January 7, 2019
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Victoria LipnicThe controversial renomination of Chai Feldblum to the Equal Employment Opportunity Commission (EEOC) died at noon on Jan. 3 as one Congress exited and another commenced. So too did the nominations of Daniel Gade and Janet Dhillon, leaving the 2019 board without a quorum. (Reportedly, Gade had already wi...

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Blue State AGs Appeal Obamacare Ruling

January 4, 2019
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Attorneys General from 16 Democrat-leaning states and the District of Columbia have filed an appeal to overturn U.S. District Judge Reed O'Conner's Dec. 14 ruling that the Affordable Care Act (ACA, or Obamacare) is unconstitutional now that the individual mandate "tax" has been eliminated. 5th U.S. Circuit Court of Appeals West C...

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Judge Pauses ACA Ruling Pending Appeal

December 31, 2018
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U.S. District Judge Reed O'Connor on Sunday put a stay on his ruling that the Affordable Care Act (ACA, or Obamacare) is unconstitutional while appeals are being prepared and heard. The Ft. Worth-based judge issued his ruling on Dec. 14, the day before the 2019 open enrollment season was to end. The decision was based on a lawsuit by 20 Republican-leaning states that argued the ACA was no lo...
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December 31, 2018
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IRS Unable to Reclaim $1B ACA Subsidies

Some 87 percent of Obamacare participants receive subsidies to offset the premiums for their health insurance, with the total of subsidies claimed -- based on applicants' stated income while applying -- running at $27 billion a year. In the latest accounting, $3.7 billion of that outlay was based on false or outdated claims, of which only $2.7 billion has been recovered. But it's not all the...
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December 31, 2018
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Joint-Employer Ruling Overturned by Appeals Court

The joint employment ruling issued by the Obama National Labor Relations Board (NLRB) has been struck down by the D.C. Circuit Court of Appeals on grounds that the 2015 Browning-Ferris decision failed to adequately define "indirect control." That decision, which the Trump NLRB has vowed to reverse and rewrite, said that, if a corporation or franchisor had even indirect control over the emplo...
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Practical articles on HR, Safety, compliance, and people operations—written for real businesses, not legal textbooks.

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