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Yesterday we reported on how the nomination of Craig Becker to the National Labor Relations Board (NLRB) had been returned to President Obama for reconsideration, giving him an opportunity to make a new appointment, reappoint Becker, or tender Becker a recess appointment good until the next election in 2010.
Becker is controversial and opposed by business groups and their allies in the Senate b...
Before it adjourned for the holidays, the U.S. Senate returned to the president for reconsideration his nomination of Craig Becker to the National Labor Relations Board (NLRB).
Senator John McCain (R.-Arizona) had threatened to put a hold on the nomination, and Senator Orrin Hatch (R.-Utah) had also strongly objected to Becker's nomination.
Becker, who serves as Associate General Counsel t...
Albertsons, the grocery chain, has settled three race, color and national origin discrimination lawsuits for $8.9 million but denied culpability at the same time. The Equal Employment Opportunity Commission (EEOC) lawsuits alleged complicity by managers in committing racial and anti-Semitic slurs, epithets and graffiti.
The lawsuits were filed on behalf of 168 employees at an Albertsons distrib...
Allstate Insurance Company and the Equal Employment Opportunity Commission (EEOC) have settled litigation over age discrimination by the insurer brought by 90 affected employees. As a result, Allstate will fork over $4.5 million to settle all claims in the class-action suit.
The judgment arises from Allstate's having instituted a rehiring freeze at the same time that it transitioned f...
The Fair Labor Standards Act (FLSA) dates to 1938 before the advent of pharmaceutical sales representatives (Coke in one variety or another sufficed for drugs back then--just kidding). However, a modern-day court battle is raging over whether PSRs are exempt from FLSA overtime rules.
A Connecticut court held recently that they are not exempt since pharma reps make no sales; they just introduce ...
In a case that could have far-reaching impact on private employers, the Supreme Court is reviewing a decision that granted privacy protection to text messages sent over a third-party communication system paid for by the employer, in this case, the city of Ontario, Calif., police department.
The Ninth Circuit Court of Appeal, in Quon v. Arch Wireless, ruled that the plaintiff's privac...
The Senate's Health, Education, Labor and Pensions (HELP) Committee has approved the nominations of three Obama appointees to the Equal Employment Opportunity Commission (EEOC), including that of proposed Chair Jacqueline Berrien.
The others approved were Chai Feldblum and Victoria Lipnic, who upon full Senate Approval will join current member Constance Barker and Acting Chairman Stuart Is...
The Occupational Safety and Health Administration (OSHA) has issued an Advance Notice of Proposed Rulemaking (ANPR) on developing a standard on combustible dust.
OSHA has identified the National Fire Protection Association (NFPA) and its standard NFPA 652 as the basis for the new OSHA standard.
An electronic comment form and instructions are available at www.regulations.gov in D...
The Department of Labor (DOL) has released its agenda for the coming year, and it has a few surprises to spring on American business.
First (for discussion's sake), the DOL wants each paycheck to come with a stub or explanation of hours worked, overtime paid and everything else that went into the computation of the amount.
Next, it's eyeing the resurrection of the ergonomics standard that was r...
The Senate, without a committee confirmation hearing or discussion on the floor, has approved David Michaels as Deputy Secretary of Labor for Occupational Safety and Health, in other words, the chief of OSHA.
Michaels was confirmed along with a host of other nominees in a simple voice vote.
Michaels from the beginning was a controversial nominee who views ergonomics as a settled scientific issu...
Practical articles on HR, Safety, compliance, and people operations—written for real businesses, not legal textbooks.
U.S. Department of Labor Officially Restores Prior Overtime Exemption Rules
On May 14th, 2026, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) announced it has officially rescinded the 2024 overtime exemption rules. Specifically, the WHD published a technical amendment to restore previous 2019 regulations that dictated overtime exemptions for...
NLRB General Counsel Takes Action to Tackle Current Case Backlog
On May 6th, the National Labor Relations Board (NLRB) and NLRB General Counsel Crystal Stowe Carey announced the bulk transfer of thousands of labor practice cases. Specifically, this action fulfills an initiative signed by the NLRB General Counsel earlier this year. Overall, the initiative...
Privacy Agency Invites Comments from Businesses on the CCPA’s Usage of Personal Data
Recently, the California Privacy Protection Agency (CPPA) issued a call for comments on the current state of personal data collection under the California Consumer Privacy Act (CCPA). Specifically, the invitation to deliver remarks was issued on April 20th, 2026. The information provided by the...
DOL Proposes New Joint Employer Rule To Unify Standards Under Federal Labor Laws
In April 2026, the U.S. Department of Labor issued a proposed rule to establish a single, clear standard for determining when joint-employer status applies under three major federal laws: the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Migrant and Seasonal...
DOL Updates Enforcement Approach for Employee Benefit Plans: What Employers Should Know
The U.S. Department of Labor (DOL) recently announced a significant change in its enforcement of employee benefit plan rules. The DOL will now focus more closely on serious violations that harm workers and retirees, meaning compliant employers may face less scrutiny under the updated approach.