Advocacy News – Feb. 9, 2023
The National Labor Relations Board (NLRB), US Department of Labor (DOL) and Federal Trade Commission (FTC) are all proposing sweeping regulatory changes to federal labor laws. Here’s a roundup of what’s being considered and how the proposals would impact businesses and their operations:
National Labor Relations Board (NLRB) –
- Joint Employer Rule – The NLRB issued a proposed rule in September 2022 which, if promulgated, would broaden the standard for determining whether two employers are joint employers under the National Labor Relations Act (NLRB). The proposal threatens to entangle countless franchise businesses and cover numerous commonplace business relationships that traditionally have not been considered joint employment, a legal situation in which two or more employers control the work or working conditions of the same employees. The public comment period closed in December 2022, and a final rule is expected in August of 2023.
- Election Protection Rule – The NLRB’s proposed rule would dramatically speed up union elections and favor unionization. The comment period closes Feb. 2, 2023, and a final rule is scheduled for August 2023.
DOL Wage and Hour Division –
- Overtime Threshold Increase for White Collar Exemptions – A Notice of Proposed Rulemaking (NPRM) is slated for May 2023, and it is rumored that DOL may propose raising the exempt salary threshold for white collar employees to over $55,000 among a host of other changes.
- New Independent Contractor Classification – A final rule is slated for May 2023. The public comment period on DOL’s proposal to limit independent contractor classification and make it more in line with California’s AB 5 closed in December. More information here.
DOL/Occupational Safety and Health Administration (OSHA) –
- Heat Illness in Prevention in Outdoor and Indoor Work Settings – This is at the pre-rule stage. OSHA previously published an advance notice of proposed rulemaking in 2021, to explore rulemaking on a heat stress standard. Read more here.
- Occupational Exposure to COVID-19 in Healthcare Settings – OSHA still plans to issue a final COVID rule for the healthcare industry. Read more here.
- Union Walkaround Rule – OSHA indicates it plans to issue a proposed rule in May 2023 that would allow workers to have a union representative accompany an OSHA inspector during the inspection process/facility walkaround, regardless of whether the representative is an employee of the employer. Read more here.
Federal Trade Commission (FTC) –
- Ban on Noncompete Agreements – The FTC has proposed a rule that would effectively ban noncompete agreements. The comment period for the rule currently ends March 20th, but the MI Chamber and other business groups have requested an extension. Read the MI Chamber’s recap here.
Please contact Wendy Block with any questions about any of these federal proposals at wblock@michamber.com.