- White Collar Exemptions. In March of 2014, President Obama gave instructions to modernize and streamline the white-collar exemptions to the FLSA’s overtime requirements.
The DOL stated a proposed rule revising the white collar exemptions are expected in February 2015.
- National Labor Relations Act (Quickie Election Rule). The National Labor Relations Board proposes to amend its rules and regulations governing the filing and processing of petitions relating to the representation of employees for purposes of collective bargaining with their employer. The Board believes that the proposed amendment would remove unnecessary barriers to the fair and expeditious resolution of questions concerning representation.
The proposed amendments would simplify representation-case procedures and render them more transparent and uniform across regions, eliminate unnecessary litigation, and consolidate request for Board review of regional directors’ pre- and post- election determinations into a single, post-election request. The proposed amendment would allow the Board to more promptly determine if there is a question concerning representation and, if so, to resolve it by conducting a secret ballot election. Comments and reply comments were received April, 2014. A notice of public hearing was to be issued during the reply comment period in Washington, DC.
- Labor Management Reporting Disclosure Act (Persuader Rule). The Department of Labor intends to publish a final rule revising its interpretation of section 203(c) of the Labor Management Reporting and Disclosure Act (LMRDA). That statutory provision creates an “advice” exemption from reporting requirements that apply to employers and other persons in connection with persuading employees about the right to organize and bargain collectively.
The revised interpretation would narrow the scope of the advice exemption. A final rule is slated for December 2014.
- Contractor Reporting on Employee Compensation. In August of 2014, the Office of Federal Contract Compliance Programs (OFCCP) proposed a that certain Federal contractors and subcontractors begin supplementing their EEO-1 Report with summary information on compensation paid to employees by sex, race, ethnicity, and specific job categories, as well as other relevant data points such as hours worked, and the number of employees.
The comment period has been extended until January 5, 2015.
- Federal Minimum Wage Hike. In January, Democrats in favor of legislation that would bring the federal minimum wage from $7.25 to $10.10 began outlining the “path forward” for the bill. Strong debate is expected in both the House and Senate. The Senate was expected to consider the bill in February.
With Republicans taking control of both the House and Senate, Democrats anticipate Republicans will back away from the minimum wage hike.