
As a reminder, the Persuader Rule would have required
employers to publicly disclose when they use consultants (including lawyers) to
obtain labor relations advice and services for the purpose of persuading
employees regarding union organizing. The consultants/lawyers would also have
been required to file reports containing details about their advice and the payments
received for such advice. Previously, such reports were only required when a
consultant providing advice had direct contact with employees. On June 12,
2017, the Federal Register published the
DOL's proposal to rescind the Persuader Rule in order to consider “the
potential effects of the Rule on attorneys and employers seeking legal
assistance” and “the impact of shifting priorities and resource constraints.” Comments
on this proposal are due by August 11, 2017.
Additionally, on June 7, DOL Secretary Alexander Acosta
indicated during a House Appropriations Subcommittee hearing that the DOL plans
to issue a “Request for Information” (RFI) on the Overtime Rule that was
enjoined last fall. The Overtime Rule would have more than doubled the minimum required
salary level for white-collar exempt employees, moving it from $455 per week
($23,660 annually) to $913 per week ($47,476 annually). An RFI is typically
used when an agency wants public comment on whether changes to an existing rule
are warranted. The DOL’s indicating that it will issue an RFI suggests the DOL may
intend to revamp the Overtime Rule. While Secretary Acosta did not indicate the
exact timing of the proposed RFI, he did say that the DOL would publish
the request “in the next two to three weeks.”
The DOL appears to be working quickly to undo a number of
Obama-era policies and regulations. These latest moves—combined with the rescission
of the joint employer and independent contractor guidance—suggest that the DOL
is likely to drastically shift priorities under President Trump. Employers
should continue to monitor new developments and consult with legal counsel
regarding the status of key regulations and initiatives.
No comments:
Post a Comment