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OpenMarket: Trey Kovacs

  • Time to Restore Traditional Joint-Employer Standard

    January 15, 2019
    This week the public comment period closes in regards to the National Labor Relations Board’s (NLRB) proposed rule to modify the standard for joint employment. This concept determines when multiple employers are considered one for the purposes of collective bargaining and liable for unfair labor practices under the National Labor Relations Act.
  • Teachers Paid to Walk Off the Job?

    January 15, 2019
    The United Teachers Los Angeles (UTLA) union contract negotiations with the Los Angeles Unified School District (LAUSD) have broken down. UTLA president Alex Caputo-Pearl called the contract offer from the school district “unacceptable.”
  • Year in Review 2018: Labor and Employment

    December 20, 2018
    There was a mix of good and bad news in the labor and employment policy space in 2018. A tremendous gain was made in the public sector. Yet inaction ruled the day in the private sector.
  • New Joint Employer Rule Means More Jobs, Not Lower Wages

    December 11, 2018
    The National Labor Relations Board (NLRB) is in the process of implementing a regulation that would restore the traditional standard for when a worker is considered to be “jointly” employed by more than one entity. On September 13, the NLRB issued a proposed rule under which “an employer may be found to be a joint-employer of another employer’s employees only if it possesses and exercises substantial, direct and immediate control over the essential terms and conditions of employment and has done so in a manner that is not limited and routine.”
  • Massachusetts Teachers Union Dues Do Not 'Stay Local'

    November 15, 2018
    Labor unions like to promote the narrative that dues payments stay local. If you peruse union websites, a consistent message appears that reads something like this: “Most of your dues stay with your local union in order to fund activities that give workers more power at the bargaining table, in the statehouse and in the community.” Unions use the “dues stay local” slogan as a selling point during organizing campaigns and to recruit new members.
  • National Labor Relations Board Member Cleared of Ethics Conflict

    November 13, 2018
    Republican appointees to the National Labor Relations Board (NLRB) have become the target of an ongoing campaign by Democrats to silence their voices and ability to administer the law. Since Republicans took a majority at the NLRB, Democrats have been trying to manipulate ethics rules to pressure Republican members into recusing themselves from important cases before the board.
  • What Do the Midterms Mean for Labor and Employment?

    November 7, 2018

    The primary labor and employment statutes—National Labor Relations Act and Fair Labor Standards Act—have not been substantially amended for decades. A divided government is not likely to change that. What will change is the proposed legislation that will gain traction in the House of Representatives. 


  • AFL-CIO's Own Workers Threaten a Strike

    November 5, 2018

    AFL-CIO president Richard Trumka frequently lambasts companies for not “sharing the wealth” with employees. Joining a union is a surefire way to see an increase in pay and benefits, he argues. Surely, then, the AFL-CIO must practice what it preaches by providing its own staff with above-average pay and benefits, right?


  • Labor Department Listens to Public Input on Overtime Rule

    October 18, 2018

    Yesterday, I attended the Department of Labor’s final overtime listening session. It was an opportunity for the DOL to hear from the public on how best to craft a rule on who is eligible or exempt from overtime requirements. The recently released Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions announced that a proposed overtime rule would be published in March of 2019.


  • Deregulation Coming from Labor Department

    October 9, 2018

    Deregulation is a topline goal of the current administration. Leading the pack in terms of costs savings from reducing red tape is the Department of Labor, according to recent report from the American Action Forum, with $417.2 million.


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