Josh Stichter, CIC CLCS’ Post

The US Senate last week approved a resolution to nullify the NLRB’s joint-employer final rule. The House approved the resolution in January, and it now goes to President Biden, who has threatened a veto.   APCA supports repealing the NLRB rule and endorses this statement from the Coalition for a Democratic Workplace's Kristen Swearingen. “The NLRB’s final rule was a massive expansion of the joint employer standard that would have violated the NLRA and common law. It would have created widespread confusion throughout the economy and jeopardized millions of small businesses. That’s why both federal courts and Congress have moved to nullify it before it could take effect."   Dan Wiessner reports on the Senate resolution for Reuters. #APCA #pipelineindustry #pipelineconstruction #energyindustry #labor #employers #employees #governmentrelations #smallbusinesses #pipeline #construction #contractors https://lnkd.in/eCpbURHy

🚨 #FLSA - On November 15, the U.S. District Court for the Eastern District of Texas halted the planned January 1, 2025 increase to the federal Fair Labor Standards Act’s (FLSA) salary threshold for exemption status. As a small—to mid-size CEO or startup founder, staying informed about employment law changes is essential, even when plans take an unexpected turn. While this decision changes timelines, it underscores the importance of staying #proactive. Compliance remains a critical focus, and understanding how potential changes impact your workforce is vital. Join me this Thursday for #HRNOW, a free webinar, where we’ll discuss: ✅ FLSA Updates: What this court ruling means for your workforce and what to watch for next. ✅ Pay Transparency: There is already a law in nine states, and Minnesota is next—are you ready? ✅ Contractors vs. Employees: Avoid costly misclassifications and learn from other employers' challenges. When? 🗓️ Thursday, November 21 ⏰ 12:00 – 12:45 PM CST Register Now! (Link in the comments 👇) Let’s tackle these changes together to ensure your business is positioned for success in 2025 and beyond. #HumanResources #HRNOW #EmploymentLaw #Leadership #SmallBusiness

In the article below I provide some 'top tips' for employers on compliance with new legal requirements for the fair and transparent distribution of tips, coming into force later this year.

BREAKING NEWS FROM SCOTUS! "Does the statute [any statute] authorize the challenged agency action?" And - who gets to decide? The Supreme Court today ended several decades of deference to federal agencies when answering this question regarding any federal statute- including the OSH Act. (It was called Chevron deference.) The 6-3 decision was based entirely on the Court's view that the constitutional separate of power requires courts to determine whether an agency regulation or other action is authorized by the underlying statute passed by Congress, not the agency itself. What does this mean regarding the OSH Act? The most immediate impact is to strengthen the pending legal challenges to the recently published walkaround rule. The rule was based on OSHA's interpretation of the words "authorized representative" in the OSH Act. Rather than defer to the agencies interpretation, however, the courts now much exercise their own independent authority to determine whether the OSH Act authorizes the new rule that would force labor union organizing upon employers without the protection of the National Labor Relations Act (which itself sets forth a process for employees lawfully selecting their own authorized representative). There will be more fallout as well, but perhaps the biggest change is that Congress must get back to legislating. If OSHA or any other agency wants to take an action not clearly authorize by statute, Congress must act and change or clarify the law. No administration now or in the future can bypass elected representatives when determining how much power they can wield through executive branch agencies. Court matter and Congress matters. Give it a read!

Interesting read.

Today, the California Supreme Court upheld Prop 22 as a valid ballot initiative. This is part of a longer saga that involved a law (AB 5) to give gig workers the rights of employees, followed by a ballot initiative (Prop 22) to overturn that law. For my friends in transportation research, please remember two lessons: 1) Transportation is about people-both the people who use it and the workers who make it possible. While we often focus on the efficiency of the system, these decisions are often bigger in how they affect people's lives. 2) We often are in a position to bring clarity into the public discourse for important issues like this to help the public understand the implications of decisions like this for transportation and more broadly. If we can look for this type of impact, it is more important than publications, citations, or other performance metrics. https://lnkd.in/gdBxHeFZ

Employers, have you 'fired and re-hired' before? Are you likely to do so again in the future? If you are, you need be aware of the new statutory code of practice! My article on the Brachers LLP website goes into some of the key points from the code that employers need to be aware of 📰

Breaking: Oh, Look—Another NLRB Shake-Up Just when you thought the final days of the Biden administration would quietly fade into the holiday haze, the National Labor Relations Board (NLRB) decided to drop another bombshell. This time, it’s the end of the “contract coverage” standard—a precedent from the Trump era that allowed employers to change job requirements and working conditions without needing a union’s permission (as long as the contract language didn’t explicitly forbid it). Instead, the NLRB’s Democratic majority just hit rewind, bringing back the “clear and unmistakable waiver” rule. Translation? Employers now must bargain with unions over changes unless the union explicitly waived its right to do so in the agreement. NLRB Chair Lauren McFerran: “Today’s decision makes clear that an employer has the obligation to bargain over changes to wages and working conditions unless the union expressly yields its right to bargain over an employer’s decision.” The backstory? A trash-hauling company—Endurance Environmental Solutions LLC—installed truck security cameras without union approval, sparking a showdown with a Teamsters affiliate. The Board decided the move violated federal labor law, and voilà—we’re back to the old pro-union standard. So, what does this mean for employers? • Those broad “management rights” clauses just got a lot weaker. • Expect more mandatory bargaining on workplace changes. • Union power? Cranked up another notch, temporarily anyway. Sure, it’s a win for unions, but what about businesses navigating all this unpredictability? And let’s be real—does this all get reversed again when the political winds shift? Let’s hear your take. Brilliant policymaking or another “just because we can” move? Sound off below! https://lri.link/3D94PU2 #NLRB #LaborLaw #EmpLaw #LaborRelations #EmployeeRelations

The last of our spring workers’ comp seminar series is slated to take place this Thursday at 10:30 EST. You won’t want to miss this program where we compare and contrast the workers’ compensation laws of Pennsylvania, New Jersey, and West Virginia on hot topics such as course and scope and carpal tunnel claims. Need a link to our webinar? Message Lisa Lane or Elizabeth McCadden. #workerscomp #training #claims #riskmanagement

I wanted to share this informative article written by my law partner, Joanna Sacavitch, regarding a confusing and complicated rule in California worker's compensation law: Understanding the Going and Coming Rule and Exceptions. https://lnkd.in/gRQdf62b