July 9, 2018
The Trump administration recently installed Arthur Rosenfeld as the head of the Department of Labor's Office of Labor-Management Standards (OLMS), which administers and enforces the Labor Management Reporting and Disclosure Act. The LMRDA was enacted to ensure union leaders are accountable to their members. Now, with the vacancy at the OLMS filled, here is shortlist of priorities the sub-agency should seek to accomplish.
June 15, 2018
Lawmakers have made little to no progress during the 115th Congress to improve labor and employment policy. U.S. labor law is outdated and in need of modernization. In December 2016, the Competitive Enterprise Institute released its “Agenda for Congress” outlining several opportunities to update labor law in order to increase worker choice and flexibility and remove onerous burdens on job creators.
May 18, 2018
Renowned labor expert and Harvard professor Benjamin Sachs argues over at OnLabor.org that he's had enough with what he calls the “flexibility trope” of worker classification and job flexibility.
April 30, 2018
It is well known that Americans do not adequately save for retirement. As such, it is crucial that every dollar American workers put away for retirement is invested with the goal of seeking to maximize return, not achieve a collateral goal.
April 26, 2018
Labor-management relation laws in the United States are in need of an update. Reform is long overdue, with the last major update to statutes governing union organizing and labor disputes occurred in 1940s. Current labor laws grant labor unions monopoly status and coercive power over workers. To that end, on April 26, the House Subcommittee on Health, Employment, Labor, and Pensions discussed legislative options to strengthen the rights of workers to choose whether or not to join a union and what is the proper legal status for worker centers.
April 6, 2018
It seems there is never a slow day over at the National Labor Relations Board. Today, the NLRB General Counsel Peter Robb issued a legal opinion that strongly disagreed with the Board’s highly controversial and abrupt action vacating its own decision in Hy-Brand Industrial Contractors (see background here, here and here).
March 30, 2018
Earlier this week, the Competitive Enterprise Institute sent a request to the National Labor Relations Board Office of Inspector General to investigate NLRB member Mark Pearce for publicly disclosing confidential Board information about the status of a pending case. The case, Hy-Brand, in question involves important Board precedent related to joint employer relationships, which impact thousands of businesses across the country.
March 20, 2018
The Competitive Enterprise Institute is leading a free-market coalition urging Congress to attach the Save Local Business Act (H.R. 4331) as a policy rider to the current must-pass omnibus budget bill. The legislation would settle ongoing joint employer confusion by reinstating the longstanding joint employer precedent that established a bright-line rule based on “direct control.”
March 12, 2018
This has the look of a coordinated attack to hinder the current National Labor Relations Board’s ability to reform Obama-era policies. The Inspector General stirred up a controversy over the Hy-Brand decision with a report that contained little in terms of facts or legal analysis. Then, someone in the Inspector General’s office, or with access to the investigation, leaked the investigation to the public, which cast doubt on the decision.
February 27, 2018
In an abrupt and unexpected move, on February 26th, the National Labor Relations Board vacated its December 2017 decision in Hy-Brand, which restored longstanding Board precedent relating to joint employer liability. The decision to vacate means the law reverts to an Obama-era Browning-Ferris joint employer standard that is overly-broad, vague, and creates immense uncertainty among the regulated community.