Yesterday, the Labor Department released its long-awaited persuader rule, requiring public disclosure of any consultants employers hired to help persuade workers not to form a union or support a union’s collective bargaining position, the New York Times reports. Labor Secretary Thomas Perez explains the rule is necessary because in about 75% of organizing campaigns, employers hire such consultants, or “persuaders,” and workers are frequently unaware of who is trying to sway them about their labor rights. Although disclosure of such consultants is already required by the Labor Management Reporting and Disclosure Act (LMRDA), the Labor Department argues pervious administrations allowed an enormous loophole exempting consultants with only indirect impact on employees, coaching supervisors on how to influence workers, but not interacting with them directly. The new rule would require disclosure in government filings of any consultant hired for this purpose, as well as the fees involved.
Some opponents of the rule argue the fee disclosure requirement would discourage employers from seeking legal advice that often ends up benefitting the employees. Reuters reports several business groups, including the International Franchise Association, said yesterday they would probably sue over the rule. The rule will be published today and will apply to agreements made after July 1. You can read the Labor Department’s persuader rule fact sheet here.
This morning, the Labor Department will also unveil its silica rule, which will drastically lower the permissible exposure limit to crystalline silica. According to Politico, this rule was 45 years in the making. Crystalline silica is found in rocks and sand, and, when inhaled as dust, can lead to silicosis and lung cancer. According to the CDC, over 2,000 Americans have died from silicosis this century. The silica rule will be costly–OSHA estimates that the construction industry alone will have to spend $511 million each year to implement it (the industry claims the real cost is $5 billion)–but, when balanced against monetary benefits from reduced mortality and disease, OSHA figures a net benefit of $2.8 to $4.6 billion.
In minimum wage news, a proposal to raise California’s minimum wage to $15 qualified Tuesday to appear on the statewide november ballot, the Associated Press reports. California’s current minimum wage is $10 an hour; the measure, backed by California’s SEIU West, would raise it by $1 each of the next five years. In New York, Governor Andrew Cuomo said he would consider phasing in a $15 minimum wage over six years for the state, according to Politico. In Washington, D.C., Mayor Muriel E. Bowser called for increasing the city’s minimum wage to $15 by 2020, the Washington Post reports.
Daily News & Commentary
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May 21
UAW backs legal challenge to Trump “gold card” visa; DOL requests unemployment fraud technology funding; Samsung reaches eleventh-hour union agreement.
May 20
LIRR strike ends after three-day shutdown; key senators reject Trump's proposed 26% cut to Labor Department budget; EEOC moves to eliminate employer demographic reporting requirement.
May 19
Amazon urges 11th Circuit to overturn captive-audience meeting ban; DOL scraps Biden overtime rule; SCOTUS to decide on Title IX private right of action for school employees
May 18
California Department of Justice finds conditions at ICE facilities inhumane; Second Circuit rejects race bias claim from Black and Hispanic social workers; FAA cuts air traffic controller staffing target.
May 17
UC workers avoid striking with an 11th-hour agreement; Governor Spanberger vetoes public employee collective bargaining protections; Samsung workers prepare for an 18-day strike.
May 15
SEIU 32BJ pioneers new health insurance model; LIRR unions approach a strike; and Starbucks prevails against NRLB in Fifth Circuit.