Is Costly Obama Overtime Rule Facing Extinction?

department-of-labor-logoAs the Obama era makes its exit, many recent regulations also may be on their way out as well.  Among them:  a Department of Labor rule that would expand eligibility for overtime pay for over four million currently salaried workers.  On November 22, a Texas federal court, in response to challenges filed by 21 states and several business groups, issued a preliminary injunction blocking enforcement.  “The State Plaintiffs have shown a likelihood of success on the merits because the Final Rule exceeds the Department’s authority,” concluded the court.  Should the DOL not appeal, either the Trump-led DOL will withdraw the rule or the new Congress will repeal it.  Either way, employees and employers would be better off.  Had the rule gone into effect as scheduled on December 1, some unwelcome problems would have erupted.

Union Corruption Update has analyzed the overtime regulation and its likely consequences on three previous occasions.  …

Jury Convicts Thug of Shooting Two Cops at Protest; Obama Justice Department Enabled Attack

barack-obama-eric-holder-loretta-lynchThe violence may be a memory, but there is now a welcome reminder of the consequences. Last Thursday, December 8, a St. Louis County, Mo. jury found a young black male, Jeffrey Williams, guilty on six criminal counts related to the malicious gun wounding of two unnamed police officers in the St. Louis suburb of Ferguson in March 2015. The incident occurred during a street rally organized by the radical social media network, Black Lives Matter, to protest the shooting death of an “unarmed” black male, Michael Brown, by a white Ferguson cop the previous August. A grand jury months later had decided the evidence was insufficient to indict the officer, an announcement that triggered destructive rioting. Reprehensible as the rioting and shootings were, the Obama administration tacitly encouraged this behavior.

If any one event underscores the futility of achieving a ‘post-racial’ society in contemporary America, the death of Michael …

States Sue Labor Department Over Coercive Overtime Rule

department-of-labor-logoIn the name of fairness, the Obama administration this May issued a final rule dramatically raising the maximum base pay under which salaried employees can qualify for overtime status.  Unfortunately, this move could give fairness a bad name.  Last Tuesday, September 20, officials in 21 states filed suit in Plano, Texas federal court to enjoin the U.S. Department of Labor (DOL) from enforcing the rule, which is set to take effect December 1.  The suit, led by Attorneys General Ken Paxton (Texas) and Adam Laxalt (Nevada), is challenging the rule on grounds that it usurps congressional authority and invites job losses.  “Once again, President Obama is trying to unilaterally rewrite the law,” said Paxton in a prepared statement.  “And this time, it may lead to disastrous consequences for our economy.”

Union Corruption Update analyzed this issue nearly four months ago.  On May 18, the Department of Labor’s Wage …

Dallas Police Murders Have ‘Black Lives Matter’ Fingerprints All Over Them

The sniper-style murders of five Dallas police officers last Thursday night should provoke universal outrage.  Yet many observers are justifying them.  While not defending the killings, they are assuming moral equivalence between the massacre and earlier deaths of criminal suspects in police custody.  They claim the murderer, a black ex-Army reservist, Micah X. Johnson, killed by police during a standoff, was a “lone wolf,” not one of the peaceful protestors.  This is nonsense.  The tactics differ; the goals are the same.  Dallas Police Chief David Brown, also black, admits Johnson was driven by a hatred of whites.  And that’s what drives Black Lives Matter, the social network behind protests in Dallas and other cities that enables this attitude.

National Legal and Policy Center several times this year has put Black Lives Matter (BLM) and its enablers under the spotlight for poisoning debate on race.  More than once, its members have …

DOL’s ‘Persuader Rule’: An Unpersuasive Boost for Union Organizing

Department of Labor logoAttorney-client privilege is a basic protection of liberty.  Yet this Friday, people may begin to find out how little the Obama administration thinks of it.  That’s when a Labor Department rule, issued in March and launched in April, fully kicks in, forcing employers to divulge the identities of outside legal help on how to avoid unionization.  This "persuader rule," as it is called, also requires such consultants to reveal their own client rosters.  Union officials laud the rule as a blow for transparency and a corrective to “union-busting.”  In reality, it is a power play designed to minimize the opportunities for nonunion workers to hear an employer’s side of the story during a union organizing drive.  Conveniently, the regulation doesn’t apply either to unions or their consultants.  As employers gear up to comply, they've gotten unexpected help from federal judges.

Union Corruption Update described this rule back in

Labor Department Issues Costly Overtime Rule

The Obama administration sees it as the middle class getting a raise.  The details suggest it’s a demotion.  On May 18, the Department of Labor published a final rule hiking the annual income ceiling for overtime pay eligibility of salaried employees from $23,660 to $47,476.  Set to go into effect December 1, the regulation would benefit an estimated 4.2 million workers.  However, it also may produce unintended consequences such as:  loss of scheduling flexibility; pay cuts; benefit cuts; fewer work hours per week; higher employer compliance costs; and needless litigation.  A group of lawmakers, led by Sen. Tim Scott, R-S.C., and Rep. Tim Walberg, R-Mich., have responded with bills to nullify the rule and make it difficult for the DOL to offer a substitute.

The mandate originated with an executive order from President Obama on March 13, 2014.  Obama had directed the Labor Department, pursuant to the Fair Labor Standards …

Obama Fetes Black Lives Matter Leaders at White House Summit

obama-black-lives-matter-summitAnyone doubting the influence of the loosely-knit band of demagogues known as Black Lives Matter probably wasn’t at the White House last Thursday, where President Obama met with black leaders to discuss race, crime and policing.  Among the attendees were Al Sharpton, National Urban League President Marc Morial, Rep. John Lewis, D-Ga., and Black Lives Matter activists DeRay McKesson and Brittany Packnett (in photo).  Obama invited McKesson and Packnett as a gesture to young blacks.  Their inclusion underscores the summit’s unspoken assumption:  White lives don’t matter.

National Legal and Policy Center early in January described the origins and motives of Black Lives Matter (BLM).  The group was launched in July 2013 by three black female community activists in the immediate wake of a wholly justified decision by a Florida trial jury not to convict a white neighborhood crime patrol volunteer, George Zimmerman, for murder in the self-defense shooting death of …

Will Unions Force Employers to Recognize Card Checks?

“Card Check:  The Sequel” has arrived.  No, it’s not a movie.  It’s a congressional bill.  And labor unions are counting on a happy ending this time.  On October 6, Sen. Bernie Sanders, I-Vt., and Rep. Mark Pocan, D-Wisc., unveiled the Workplace Democracy Act (S.2142, H.R. 3690).  The measure would force nonunion private-sector employers to recognize a union as a bargaining agent if it obtains signed pledge cards from over half of all potentially affected workers.  This organizing tactic, known as a “card check,” is legal.  And unions often use it as a prelude to, or a substitute for, a secret ballot representation election.  The bill’s name is misleading.  It’s no more about democracy than its almost identical forerunner, the Employee Free Choice Act, was about freedom of choice.  And its economic effects are not likely to be salutary.

Union Corruption Update covered this issue extensively in 2007 and 2009, when …

Corrupt Coli Family, Chicago Teamsters under Fresh Scrutiny

dt_common_streams_streamserverThe good old days of union nepotism never really went away – not in Chicago anyway. According to published sources, International Brotherhood of Teamsters Local 727, long a virtual candy store for boss John Coli Sr. (in photo) and extended family, has been providing lavish compensation for a law firm whose managing partner is one of Coli’s sons.  The firm has been busy as of late.  In July, a Cook County judge ruled that the elder Coli and Teamsters Local 700, of which he is a trustee, were jointly liable for $2.3 million for breaking a building lease.  That’s not even taking into account a now-dismissed RICO suit charging the Colis and Local 727 with stiffing a funeral employee pension plan out of contributions.  If the family needs allies, it knows where to look, especially Teamsters General President James P. Hoffa and Chicago Mayor Rahm Emanuel.

The Park Ridge, Ill.-based …

NLRB Blasted for Lax Enforcement of Beck Rights

By now it is settled judicial opinion:  A private-sector union can’t force nonunion employees under contract to pay dues for purposes beyond those related to collective bargaining.  The Supreme Court cogently expressed this view in its landmark 1988 ruling, Communications Workers of America v. Beck.  Yet it is almost as if the decision never happened.  A new law journal article by prominent Right to Work attorney Raymond LaJeunesse, Jr. explains why.  He points a finger not only at the unions, who at least act out of recognizable self-interest, but more importantly, at the ostensibly nonpartisan National Labor Relations Board.  The NLRB, he argues, using a variety of tactics, over the years has acted more as a de facto advocate for unionism than as a guardian of the public trust.  And the situation has gotten worse under President Obama.

Labor unions long have operated with a grant of monopoly powers …

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