In a broad sweeping 3-to-2 decision in Browning-Ferris, the Obama NLRB recently rewrote the decades-old test for determining who is the "employer." Under the previous caselaw, a company had to exercise direct control over wages, hours and working conditions to be an "employer." Now, under the new standard, the company is a "joint employer" if it exercises "indirect control over working conditions, or if it reserves the authority to do so."More
The Reporters Committee for Freedom of the Press and The Associated Press are asking the U.S. district court in Washington, D.C. to require the Justice Department and the FBI to comply with the Freedom of Information Act and release records regarding the FBI's practice of impersonating members of the news media.MORE
On July 29, U.S. District Court Judge Amy Berman Jackson -- an Obama appointee -- upheld the final rule of the National Labor Relations Board, providing for "quickie elections" under the National Labor Relations Act. Mike Zinser says the court was very disdainful of the First Amendment rights of employers.MORE
The Reporters Committee for Freedom of the Press has launched an interactive, online map charting the policies of more than 100 police departments and laws in nearly every state regarding public access to police body camera videos.MORE
The new rule, if finalized, would dramatically increase the salary threshold for the overtime exemption of executive, administrative and professional employees under the Fair Labor Standards Act.
Each company should study the new rule and determine how to react if it becomes final and effective. We are months away from an effect date. Start planning now.MORE
The 2015 State of the First Amendment survey shows one in five Americans believes the First Amendment "goes too far" in the rights it guarantees.MORE
The court refused to consider the legislative history of 1947 and 1959 changes to the National Labor Relations Act, which make it clear that election hearings should occur before the election, and that there should be at least 30 days between the filing of the election petition and the election date.MORE
Under the new NLRB "quickie election" rule, employers have -- on average -- 17 fewer days to prepare for the election. In this column, read also about a bill that has passed in the North Carolina Senate that is a broadside attack on independent contractor status.MORE
The Reporters Committee for Freedom of the Press and eight news media organizations have asked a federal court in North Carolina to unseal a sentencing memorandum and related letters in the case of retired General and former CIA Director David H. Petraeus, who pleaded guilty to mishandling classified materials.MORE
On March 31, President Barack Obama vetoed a Joint Resolution under the Congressional Review Act that would block implementation of the National Labor Relations Board's "quickie election" rule. The Senate adopted the Disapproval Resolution by a 53 to 46 vote on March 4. The House of Representatives passed the same measure by a vote of 232 to 186 on March 19.
In addition, an appeals court has ruled in favor of the Las Vegas Review-Journal over a question involving independent contractor status.MORE
The court is reviewing whether President Obama's recess appointments to the NLRB were unconstitutional.More
The sales tax exemption that newspapers in North Carolina have enjoyed for decades has been repealed.
Does your newspaper have a buy/sell relationship with its carriers? If so, attorney Mike Zinser says you should be sure your independent contractor agreements make it clear that the contractor is responsible for the collection of the tax.More