President Barack Obama met with business leaders last week to discuss “a shared agenda focused on moving our economy forward that not only continues to grow the economy, but also ensures America is competing and leading in the world.” He then later met with labor union leaders in which the President “reinforced the essential role the union movement plays in growing the economy, creating good jobs on Main Street, and keeping America competitive.”
It appears that the President is rightfully focused on job creation and enhancing our nation’s economic competitiveness.
We looked forward to going through the Department of Labor’s Fall 2010 regulatory agenda (on the last day of the season!) today to learn how the Labor Department was going to achieve the goal of achieving “Good Jobs for Everyone.” Now that’s it’s here, most of what we see is focused on increasing regulations on employers and achieving goals that were unable to be done legislatively.
Specifically the agenda includes:
- A new regulatory proposal that would require companies to disclose to both independent contractors and employees alike a description of their status as either an employee or independent contractor. While few details are offered on this expected regulatory endeavor it appears to place new requirements on employers to disseminate information to employees. This regulation appears to be very similar to legislation, the Employee Misclassification Prevention Act, offered by Sen. Sherrod Brown (D-OH) and Rep. Lynn Woolsey (D-CA).
- Information on proposals expected from the Office of Labor Management Standards that would require employers to disclose the details of when they engage in “persuader activities” and plans to “reconsider” (i.e. limit) the types of efforts engaged by employers to comply with labor laws that are not currently required to be disclosed. Note: the administration previously removed a set of disclosure requirements for union organizations citing the burden they posed for labor leaders to comply.
- An update on OSHA’s efforts to mandate an expansive safety and health program standard through what has been called the “Injury and Illness Prevention Program”
- An indication that OSHA intends to finalizing their proposed rulemaking to allow citations to be issued for certain small businesses that wish to work proactively with the agency to ensure that they are compliant with existing OSHA standards and regulations – a move that would deter participation in a very effective program.
As we’ve stated here numerous times: more regulations from the Executive Branch produce a lot of uncertainty for employers, to whom unnecessary costs represent an obstacle to economic growth.
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