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June 20, 2022

Learn How Employers Can Take Action On DOL, NLRB Proposed Policies

The U.S. Department of Labor (DOL) has announced plans to issue a new notice of proposed rulemaking that would determine whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA). It is likely the DOL will attempt to implement a standard similar to the one pursued by the Obama administration, which would have tightened the rules governing independent contractors and reduced their capacity to act as entrepreneurs. (Read more about the independent contractor issue here.

Prior to issuing its rule, the DOL will hold two listening sessions to gather input from the stakeholder community on this important issue. If your company is interested in weighing in on this matter, MSCI strongly encourages participation in the employer forum, which will be held on June 24, 2022. More information and registration is here.

In related news, MSCI’s partners at the Coalition for a Democratic Workplace (CDW) have created a grassroots portal that individuals can use to reach out to federal lawmakers to urge them to rein in the National Labor Relations Board (NLRB) general counsel’s efforts to unilaterally change federal labor law. The portal includes information about some of the NLRB’s most problematic policy efforts as well as an pre-drafted letter to send to members of Congress.

Some of the most egregious policies pushed by the agency would:

  • Infringe on employees’ access to information and employers’ free speech rights;
  • Force many employees to cast votes for or against a union in front of union organizers and coworkers;
  • Limit opportunities for independent work;
  • Force employers to tolerate profanity and harassment by workers engaged in a pro-union protest; and
  • Gerrymander union representation elections to increase chances of union wins.

Read more about the proposed policies here and here.

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