NLRB independent contractor status update
The National Labor Relations Board has held that companies do not violate the National Labor Relations Act solely by misclassifying employees as independent contractors. Bottom line: the decision to classify an individual as an independent contractor rather than an employee will not, by itself, subject an employer to liability under the National Labor Relations Act.
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Develop a plan now to address Department of Labor's proposed overtime rule
The U.S. Department of Labor's rule to increase the salary threshold for the overtime exemption of executive, administrative and professional employees under the Fair Labor Standards Act has not yet been finalized.
The March 7 proposed rule was open for comments for a 60-day period. The Department of Labor received more than 116,000 public comments. The Department of Labor sent its final draft of the rule to the White House and the Office of Management and Budget on Aug. 12. The text of the final rule has not been made public.
When the final rule is published with an effective date, many expect unions and worker advocates to mount legal challenges to the rule. Even though the final rule may be challenged, it would be wise to be developing a plan now to address this huge budgetary issue.
This column focuses on the standard salary threshold, which will have the most dramatic impact on your company, and offers an action plan to address the standard salary threshold increase.
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NLRB General Counsel: Uber drivers are independent
The Division of Advice within the NLRB general counsel's office recently issued a memorandum describing why it believed Uber drivers should be considered independent contractors, not employees for purposes of the National Labor Relations Act. For that reason, charges filed by Uber drivers were dismissed.
The general counsel believed the Uber drivers to be independent contractors for two key reasons.
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Mississippi Employment Security Department backs off
Very recently, a daily newspaper in Tupelo, Miss., received a determination from the Mississippi Employment Security Department that its newspaper carriers are employees. The decision totally ignores the exclusion granted by the legislature in 2012. Needless to say, the newspaper vigorously protested, appealed this determination, emphasizing the provision. The State of Mississippi backed off completely, agreeing that the newspaper carriers are not eligible for benefits and the publishing company is not liable for unemployment taxes or payments made to newspaper carriers.
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We have a new website:
www.newspapers.org
America's Newspapers – the association formed from the merger of the Inland Press Association and Southern Newspaper Publishers Association – was ceremonially launched October 6 at its inaugural annual meeting in Chicago.
Dean Ridings will be its chief executive officer, effective Nov. 11.
America's Newspapers unites two of the oldest press associations to form one of the industry's largest advocates for newspapers and the many benefits to their communities, civil life, freedom of expression and democracy.
"Newspaper journalism provides a voice for the voiceless, challenges elected officials, shines a light on government, calls for change when change is needed, and exposes corruption and injustice," said Chris Reen, the president and publisher of The Gazette in Colorado Springs who will serve as the first president of America's Newspapers.
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New association launches today;
SNPA-Inland merger is complete
A new association formed by the consolidation of SNPA and the Inland Press Association was officially launched today. The name of the new association will be announced on Oct. 6 at the association's first annual meeting in Chicago.
Edward VanHorn, SNPA's executive director, said that the merger unites two of the country's oldest press associations into a progressive new organization that will use its bigger and more powerful voice to be an unapologetic advocate for newspapers.
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