Dive Brief:
- Managing compliance is quickly rising to the top of the HR professional's list of headaches. And according to Human Resource Executive, those headaches may be about to get worse.
- Facing a growing legion of compliance issues, HR leaders often turn to legal counsel for help, but even that strategy may be threatened. It appears the Department of Labor will soon issue regulations that will make it a bit tougher to reach out for this type of advice.
- Within 2015 alone, the NLRB issued new rules in the area of employee handbooks and protected concerted activity, offered new union election rules (the so-called Ambush Election scenario), and also issued a decision on how a joint employer relationship is defined.
Dive Insight:
Right now, employers who face workplace unionizing efforts must report to the DOL whenever they work with a consultant in an attempt to "persuade" employees concerning their rights to organize or bargain collectively. But if the counsel had no direct contact with employees, for example, no reporting is required.
The DOL apparently has changed its mind. New regulations pending final approval (in a month or so) by the White House's Office of Management and Budget will likely redefine the "advice exception," now requiring employers to report "persuader activity" previously considered basic legal advice or consultant input. Bottom line: if any opinion could be construed as persuasion, it is now reportable.
What will happen if the new rules are enacted? The article says while "clear, sensible guidance" would be great, the more likely result will be a new level of uncertainty for HR leaders.
