Attorneys are more influential than they thought. . . or maybe the DOL is giving us too much credit

The U.S. Department of Labor issued a press release yesterday announcing a proposed rule aimed at requiring employers to disclose the use of consultants and redefining the scope of "persuader" activity (such as in a counter campaign to a union organization push).

Specifically, the notice states that activities such as trainings, speeches and other communications that are the result of attorney work-product would be subject to reporting requirements. This includes communications that do not specifically address employees.

In the release, the Department of Labor states that “Better disclosure is critical to helping workers make informed decisions about their right to organize and bargain collectively.”

The comment period on the proposed rule will be open until August 22. We'll be working on our submission--wonder if it will be reportable as persuader activity?

(Thanks to Joe Harvey for finding this information.)

NLRB faces off with 4 states over constitutional amendments

The National Labor Relations Board announced on January 14 that it believes constitutional amendments passed in four states violate/are preempted by the National Labor Relations Act. South Carolina, Utah, South Dakota and Arizona passed amendments to their respective state constitutions that govern how unions can achieve representation of workers. The NLRB sent notices to the states advising of its position concerning the conflict and warning that suits will be filed to prevent enforcement of the amendments.

All's Fair, Free or Equal in. . .

the title of just about every piece of legislation dealing with employment right now. The latest to be added to this roll call is the Fair Playing Field Act of 2010. This would remove safe harbor provisions currently available to employers who have unintentionally misclassified employees as independent contractors. Additionally, the bill as written would require employers who routinely use independent contractors to supply those contractors with a written statement telling them what employment protection laws do NOT apply to them, as well as informing them of their right to have their independent contractor status reviewed by the Internal Revenue Service.

It's a bill worth watching, along with the Paycheck Fairness Act/Fair Pay Act, the Employee Free Choice Act, and the Workplace Free Sodas So Everyone Has Equal Energy and Can Compete Fairly Act. Okay, so the last one isn't real. . . yet.

Is it a surprise that unions haven't re-emerged like predicted under this administration? If these types of laws keep getting introduced, unions have an argument that the administration which was supposed to breathe life into them is actually drowning them out.