On Monday, July 17, North Carolina Governor Roy Cooper vetoed legislation that would have removed the independent contractor presumption that the state's newspaper industry has enjoyed for the last 20 years. As previously reported, the presumption was removed on June 28 when a modified version of House Bill 205 passed in a midnight session of the Legislature.More
On June 28 President Trump formally nominated both Marvin Kaplan and William Emmanuel to fill the two Republican vacancies on the National Labor Relations Board. At the present time, the NLRB has a 2-to-1 pro-union, Democratic majority. These two nominees, once confirmed, will then shift the Board to a 3-to-2 Republican majority.MORE
Passage of a new bill removes a tremendous advantage North Carolina newspapers have enjoyed in Worker's Compensation litigation for nearly two decades.
The bill removes a legislative presumption of independent contractor status for newspaper carriers under the state's Workers' Compensation law.MORE
The Lexington Urban County Council approved an ordinance recently that would require businesses to put unsolicited fliers and circulars on doorsteps or mail slots or face fines.
The 9-5 vote came despite a warning from the Herald-Leader that it would sue the merged government if the ordinance was passed.
Rufus Friday, president and publisher of the Herald-Leader, said after the vote that he will "aggressively defend the Lexington Herald-Leader's First Amendment rights, which does include any infringement on the press' distribution rights."MORE
U.S. Supreme Court nominee Neil Gorsuch does not have an extensive history of cases involving free speech, free press and freedom of information issues, but the opinions he authored or joined during his more than 10 years on the Tenth Circuit that do touch upon those issues reflect the application of well-established First Amendment principles in a consistent way, according to a report on his news-media related decisions released by the Reporters Committee for Freedom of the Press.MORE
Donald Trump will have the ability to impact several key federal government agencies, including the National Labor Relations Board and the U.S. Department of Labor.MORE
Mike Zinser reports on two upcoming hearings on the overtime rule: one set for Nov. 16 and one on Nov. 28. One possible result is that the court could enjoin and halt the Dec. 1 implementation of the rule.MORE
This writer previously reported on Representative Kurt Schrader's bill to phase in the overtime threshold over a four-year period. This legislation now has seven bipartisan co-sponsors and counting.
Senator Lamar Alexander (Republican-Tennessee) has introduced Senate Bill 3464, which also would gradually phase in the Department of Labor's overtime rule over five years, starting with a salary threshold increase to $35,984 on Dec. 1, 2016; the bill provides for salary threshold increases in 2018 and 2019, but no increase in 2017. The bill provides for the Department of Labor's $47,476 threshold to take effect on Dec. 1, 2020. Like the House bill, this legislation would also prohibit the automatic annual increases to the salary threshold dictated by the Department of Labor's Final Rule.MORE
The Reporters Committee for Freedom of the Press has launched a beta of the FOIA Wiki, a collaborative and evolving digital resource on the federal Freedom of Information Act. The FOIA Wiki is part legal guide, part community space for sharing information that aims to serve as a central hub on all manner of issues surrounding FOIA as the law celebrates its 50th anniversary.MORE
On Sept. 20, a coalition of more than 55 Texas and national business groups, including the U.S. Chamber of Commerce, filed a lawsuit in federal court in Texas. The lawsuit asks the court to vacate and set aside the Department of Labor's new overtime rule, set to take effect Dec. 1. Further, it asks the court to issue an injunction, postpone the effective date of the overtime rule, and to maintain the status quo, pending the court's review of the lawsuit.
A second lawsuit was also filed by the attorney generals of Nevada, Texas and 21 other states to enjoin the new rule.MORE
This month, Mike Zinser looks at a newspaper that withdrew recognition of a bargaining unit, legislation that would limit the Department of Labor's Final Rule on overtime, and whether Title VII covers sexual orientation.MORE
This month, Mike Zinser looks at a newspaper that withdrew recognition of a bargaining unit, legislation that would limit the Department of Labor's Final Rule on overtime, and whether Title VII covers sexual orientation.More
Ohio Supreme Court upholds a minimum wage amendment in the Ohio Constitution that states, in pertinent part, that "employer," "employee," "person" and "independent contractor" all have the same meanings as they do under the Federal Fair Labor Standards Act.
While not specifically discussing this case, federal law also excludes from the Wage and Hour Law individuals who deliver newspapers to the consumer. The same exclusion should also apply under Ohio law.More
In addition to helping automate the process of making and tracking requests for public records, FOIA Machine will also create a community of users to share expert tips and strategies.More