1. WHITHER FLSA AND NLRA CHANGES?
IP Protection Update
7/19/2018
WHITHER FLSA AND NLRA CHANGES?
Laurence J. Donoghue
January 26, 2017
Mark M. Whitney, Esq. -- / nenoncompetes.com

2. PROPOSED WAGE AND HOUR REGULATIONS:
Significant Increases in Exempt Salaried Levels (from $455 to $913 per week)
Annual indexing of exemption levels
Scheduled to take Effect 12/1/16

3. 11th Hour Court Injunction Blocks Changes
Current Litigation Status: Pending Appeal on an Expedited Basis
Could Have Decision in early Spring. However…

4. IP Protection Update
7/19/2018
Mark M. Whitney, Esq. -- / nenoncompetes.com

5. What Will Trump Administration Do?
Drop appeal?
Propose substitute regulation (perhaps at a lesser weekly rate)?
Impact of 1/20/17 “freeze” on regulations?

6. OTHER DEPARTMENT OF LABOR INITIATIVES ON THE CHOPPING BLOCK
“Blacklisting” rule for federal contractors
Fiduciary rule for retirement plans
EEOC pay disclosure rules
Sick pay for government contractors

7. The Power of Appointment:
President appoints Secretary of Labor
Current nominee: Andrew Puzder: CEO of Hardee’s and Carl’s Jr. Restaurants

8. President will this year be able to appoint 2 members of National Labor Relations Board, giving Republicans a majority

9. “Obama Board” NLRA Activism

10. National Labor Relations Act, Section 7
“Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or mutual aid or protection, and shall have the right to refrain from any or all such activities…”

11. NLRB Decisions Interpreting/Expanding Section 7
Employees may use employers systems for non-work purposes, including union organizing (Purple Communications)
Ban on waivers of class/collective actions (D.H. Horton/Philmar)
Restrictions on social media policies (various decisions)

12. Other NLRB Rules on the Chopping Block?
“Quickie election” rules
Joint employer rulings
“Micro units” for collective bargaining

13. Principle of Unanticipated Consequences?
Increased state law activities/enforcement
Example: MA AG recently proposed bill allowing AG to bring minimum wage/overtime civil actions

14. What Should Businesses (and their Lawyers) do in 2017
Keep updated (Google alerts, law firm updates, blogs, etc.)
Monitor state and local law developments