American Society of Employers

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U.S. DOL Pulls Trump-Era Independent Contractor Rules

11 May 2021

U.S. DOL Pulls Trump-Era Independent Contractor Rules

Author: Michael Burns

Last week the U.S. Department of Labor officially repealed the Trump rules on independent contractor status. Going back to the Obama Administration, the Trump rules loosened up a very strict or narrow definition of independent contractor that virtually had eliminated most forms of independent contractor status.

Biden Moves on Several Fronts to Turn Federal Labor Law in Favor of Organizing

4 May 2021

Biden Moves on Several Fronts to Turn Federal Labor Law in Favor of Organizing

Author: Michael Burns

As EPTW has previously stated, President Biden is not just a pro-labor supporter in order to get their election endorsement. He is reportedly a true believer.

Amazon Workers Vote Down Union in Huge Big-Labor Defeat

13 April 2021

Amazon Workers Vote Down Union in Huge Big-Labor Defeat

Author: Michael Burns

Last week the National Labor Relations Board finished tallying the union election votes at Amazon’s Bessemer, Alabama warehouse facility. The union lost – 1,798 against vs. 738 votes for unionization. A huge defeat for organized labor.
PRO Act Reloaded by Biden Administration and Congressional Democrats

16 February 2021

PRO Act Reloaded by Biden Administration and Congressional Democrats

Author: Michael Burns

As stated previously in EPTW, the Biden Administration is moving fast to rewrite the Trump Administration’s labor policy and regulations. Following the quick replacement of key Trump era National Labor Relations Board personnel, last week Congressional Democrats in the U.S. House and Senate re-enrolled the Protecting the Right to Organize Act, (PRO). It had been previously passed in the House last year but went no further. Unlike the often temporary regulatory and decision-based policy...
Biden’s Self-Proclaimed Union Man Status Will Mean Change; Starting with Key Agency Staff

1 December 2020

Biden’s Self-Proclaimed Union Man Status Will Mean Change; Starting with Key Agency Staff

Author: Michael Burns

Biden’s long-standing position as a labor supporter will translate into policy change. That change will be implemented by his appointees. The list as it currently reads is a Who’s Who of the contemporary labor scene.

Watch Out!  A Byproduct of COVID-19 is Union Agitating

28 July 2020

Watch Out! A Byproduct of COVID-19 is Union Agitating

Author: Anthony Kaylin

As the COVID-19 pandemic continues and grows, worker concerns about safety, job security, and transparency on workplace issues have become forefront.  For example, Amazon has fired warehouse employees who protested the company's working conditions and COVID-19 mitigation measures.  Although Amazon stated it fired these employees for performance issues and violation of mitigation requirements within the warehouse, these firings are close to crossing the line for violations of the...
Worker Confidence and Outlook Has Stabilized Despite COVID-19 Impact

2 June 2020

Worker Confidence and Outlook Has Stabilized Despite COVID-19 Impact

Author: Heather Nezich

A new survey of workers in the U.S. from the ADP Research Institute reveals that an initially significant decrease in worker confidence appears to be leveling off despite the impact the COVID-19 pandemic has had on nearly every worker in the U.S.

Overall Union Membership Remains Fairly Constant in 2019

28 January 2020

Overall Union Membership Remains Fairly Constant in 2019

Author: Michael Burns

Union membership numbers for 2019 were released last week from the Bureau of Labor Statistics showing that total union membership stayed pretty much the same as 2018 – 14.6 million wage and salary members. But with the number of U.S. jobs increasing, total union membership as a percentage of the U.S. workforce decreased .2 points down to just 10.3% overall. In 1983 union membership made up 20.1% of U.S. jobs with 17.7 million workers belonging to unions at that time.

17 December 2019

FCA Settles with UAW – 2019 Detroit Three/UAW Completed

Author: Michael Burns

With the tentative agreement between FCA and the UAW now expected to be approved by FCA’s rank and file, the 2019 Detroit Three UAW contract bargaining becomes history.

26 November 2019

EEOC vs. NLRB. What Law to Follow When Workers Use “Off Color” Language Toward Others During a Labor Dispute

Author: Michael Burns

During some labor conflicts, workers have shouted, or in today’s technological world, made statements on social media that are clearly racially or other protected class motivated involving the use “off-color” language toward management and co-workers. When called out on this behavior, offending workers (and their union mentors) have tried to hide behind the National Labor Relations Act (NLRA) arguing that verbal assaults and such behavior is protected concerted activity...

5 November 2019

Ford UAW Settle Quickly

Author: Michael Burns

Ford Motor Company and the United Auto Workers (UAW) settled their contract less than a week after ratification of the General Motors-UAW contract.

29 October 2019

GM Workers Ratify Auto Contract – Ford Is Up Next

Author: Michael Burns

As most are probably already aware GM-UAW Workers voted to ratify (57% for/43% against) their new four-year agreement with General Motors last Friday.  It also ended the longest nationwide strike against GM in over 50 years. Ford and FCA now have to finish their negotiations. The UAW has said it will now turn its negotiating focus on Ford Motor Company.

17 September 2019

UAW Strikes General Motors – Leaves Ford and FCA Alone for Now

Author: Michael Burns

The UAW national strike against General Motors (GM) started Saturday, September 14, 2019 (the first in 12 years) with 850 janitorial worker members going out first. These employees are technically employees of supplier Aramark but service GM’s janitorial and other support needs. The maintenance workers have been without a contract for over a year and a half. Then, on Sunday, the UAW declared a strike taking out all its production worker members at midnight.

10 September 2019

General Motors Named Lead for Auto Industry Negotiations

Author: Michael Burns

With the announcement last Monday that UAW members had approved the use of work stoppages against all three auto companies, the UAW named General Motors (GM) as its first negotiations party. Being the lead company puts GM in first seat to be the one to set the pattern and possibly set their own terms before the other Detroit Three auto contracts are settled.

3 September 2019

NLRB Continues to Correct its Course on Independent Contractor and Joint Employer Status

Author: Michael Burns

The National Labor Relations Board (NLRB) has been right in the middle of the battle over what constitutes an independent contractor versus an employee. An interested party might think the NLRB, a relatively small government agency historically concerned about union organizing and labor peace, would not be at the forefront defining what an independent contractor is for the country. But for the last few years, this agency, probably for existential reasons given the state of unionization in the...
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