Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Category Archives: Department of Labor

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Fifth Circuit Stays Persuader Rule Appeal

Posted in Courts, Department of Labor
On June 15, the Fifth Circuit granted the government’s request to stay the appeal while the Department of Labor (“DOL”) decides whether to rescind the “persuader rule” issued under the Obama Administration.  The group of business associations that filed the lawsuit challenging the rule also opposed the stay.  They argued it was necessary to decide… Continue Reading

DOL Intends to Rescind Persuader Rule

Posted in Department of Labor, Rulemaking
After months of waiting and wondering how the new administration would handle the appeal of the nationwide injunction prohibiting enforcement of the Obama Administration’s “persuader rule,” we finally have our answer.  The DOL is proposing to rescind the rule through notice and comment rulemaking.  Thus, on June 2, the DOL, under recently confirmed Secretary Alexander… Continue Reading

Union Access to Employer Property for Safety Inspections: OSHA Reverses Course

Posted in Department of Labor
Two of my colleagues, Ben Shepler and Mike Griffaton, wrote yesterday about the Occupational Safety and Health Administration’s (OSHA) reversal of a position it took in February 2013.  At issue is the right of non-employee union representatives to participate in an OSHA-conducted workplace safety inspection.  The prior administration extended that right to unions, even if the employer was… Continue Reading

Briefing Schedule Set in Persuader Rule Appeal

Posted in Courts, Department of Labor
The Fifth Circuit Court of Appeals has set the briefing schedule in the government’s appeal of the nationwide injunction of the persuader rule.  The government’s brief is due April 17, 2017.  Response briefs are due 30 days later.  Reply briefs must be filed 14 days after the response brief. The briefing schedule may finally tell us… Continue Reading

Puzder, and Acosta, and Boeing, and Griffin, Oh My!

Posted in Department of Labor, NLRB, Union Organizing
What a last couple of weeks on the labor law front.  Here is a quick round up of significant developments, just to make sure you are caught up: Puzder Out, Acosta Up Next President Trump’s first DOL secretary nominee, Andrew Puzder, withdrew himself from contention earlier this week.  Press reports suggest that there was insufficient support… Continue Reading

Has President Trump Forgotten About the Persuader Rule?

Posted in Department of Labor, Rulemaking, Union Organizing
The Trump Administration has acted quickly to address some of the rules promulgated by the Department of Labor (“DOL”) during the Obama presidency. One such rule is the overtime regulation that would more than double the salary threshold for employees to be exempt from overtime requirements.  The overtime rule was invalidated by a Texas district… Continue Reading

Federal Court Permanently Blocks Persuader Rule

Posted in Courts, Department of Labor, Union Organizing
In welcome news to employers, a federal district judge in Texas earlier this week permanently blocked the Department of Labor’s (“DOL”) persuader rule. The court’s order makes permanent its June decision temporarily blocking the rule.  The temporary order is on appeal to the Fifth Circuit Court of Appeals.  Nonetheless, the court decided that the persuader… Continue Reading