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Under the National Labor Relations Act (NLRA) and subsequent amendments and revamps such as the Taft-Hartley Law, union organizers collect signatures on cards from workers at a company, which they can then submit to the owner to certify the union or send to the National Labor Relations Board (NLRF) to certify them for a union vote by secret ballot.
Under terms of the now-dead Employee Fre...
This week a House-Senate panel reconciling budget measures voted to extend for three years the E-Verify online employment eligibility system. At the same time, the Department of Homeland Security (DHS) formally withdrew the "no match" safe harbor rule of the Bush administration.
The Bush-era "no match" rule gave employers three months to straighten out mismatched employee So...
Business cheered the Supreme Court's decision in Gross v. F.B.L. Financial Services that set the bar higher for age discrimination claims by employees. Prior to Gross, employees need merely show in court that age was one factor in their adverse job decision (a firing or passing over for promotion, for instance). Now they must show that it was the main factor. Failing that proof, a trial cannot ...
Good news comes from Gallup--and the good ol' American public itself--for those business owners and managers who fear that a tidal wave of unionization will increase their costs and rigidize (is that a word? how about comatose-ize?) their workforces. Public support for unions has plunged to the lowest depths ever--just 48 percent of Americans approve of unions, according to a recent Gallup head...
The site called "What Is EFCA?" is pretty gnarly looking, but it's offering a new take on the Employee Free Choice Act (EFCA) with a somewhat interactive presentation called "Card Checked the Game."
Behind the site and game, evidently, are two groups called Americans for Tax Reform and Alliance for Worker Freedom. No idea who they are.
Betraying its own selfish interests in trying to castrate business owners when it comes to union organizing, the Service Employees International Union (SEIU) is now employing the very tactics it wants to outlaw for employers.
The Los Angeles Times reports that the SEIU in California is blocking elections at hospitals, nursing homes and other health care facilities as the nascent National Union...
James Sherk, writing for the Heritage Foundation, has challenged the assertion that current union organizing laws favor the employer over the organizers. He makes these points, and I'm taking the liberty to quote his text directly:
In fact, as I have written before, labor law heavily tilts the scales in favor of unions during organizing drives:* Unions control the election timing, so workers d...
Senator Tom Harkin, D.-Iowa, says compromise is in order to save the Employee Free Choice Act, specifying that the card check provision will no doubt have to be dropped.
"Compromises are going to be made," said Harkin, 69. "It probably won't be card check [as part of the final law], because too many people are opposed to it now."
Card check allows organizers to unionize a c...
Warren Buffett, the sage of Omaha, was the first Obama-aire to come out against the EFCA (Employee Free Choice Act) and its card-check unionization. Now he's been joined by three other Obama-backing billionaires (did you realize that the Democratic Party has a much higher concentration of voters who make more than $100,000 a year than the GOP has?). The three nay-sayers all hail from Chicago.
...
Japan's dirty little immigration secrets are starting to come to light, and they're not pretty.
A little history from The Japan Times: Back in the 1980s, "official" Japan became worried that labor was getting too expensive, threatening its manufacturing and exports. Importing cheap labor was at first ruled out as a solution because it would debase Japan's "homogeneous" racial stock, but that...
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.