The U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB) have been working overtime lately to change federal labor rules that will make life a bit more difficult on employers in the coming years. NACS GR staff has been keeping an eye on the latest developments and working to make sure employers in the c-store marketplace are given a voice.
Most notably NACS recently submitted comments on the Department of Labor’s proposal to dramatically change the federal overtime rules. NACS makes the case that the methodology DOL used to come up with the salary level in their new rule and the way they choose to index it are significantly flawed. Ultimately we suggest that DOL should withdraw their proposal and redraft it using more a more grounded methodology and preferably remove the indexing entirely. However, if indexing is going to occur we suggest it should not be annual but at least every three years to provide some predictability and stability in labor cost for employers.
The National Labor Relations Board has recently issued rulings that could dramatically impact the relationships between franchisors and franchisees and can even possibly influence relationships between employees and independent contractors – and possibly even suppliers. The NLRB “Browning-Ferris” decision late last month is worded very broadly and could put retailers on the hook for labor practices of some of their industry partners, even if they don’t own those partner companies. NACS strongly recommends you take a close look at the Browning-Ferris ruling and determine how its new joint-employer standard may affect your businesses.
While the Browning-Ferris ruling is currently in effect it will likely see considerable legal challenges in the coming months and may possibly see congressional action aimed at blunting the impact of, if not fully reversing, the decision all together. How successful such action would be in ultimately becoming law would remain a debatable question. For the DOL overtime rule, the comment period has closed and the department is currently reviewing all the comments it received. We would expect the organization to issue a final proposed rule in the next few months with implementation likely happening before the end of 2016.
Stay in Menu Labeling Compliance! We want to make sure you have all the information you need on legislation that affects your business, in particular menu labeling. Recently, NACS released to members a summary of the final rule, as well as a general understanding of your obligations by the December 2016 compliance deadline. Many of the menu-labeling rule’s requirements are difficult to navigate-particularly as they apply to convenience stores.
NACS is working with members of Congress to pass legislation, the Common Sense Nutrition Disclosure Act, to allow its members and others to comply with the rule in ways that are more helpful to consumers and more reasonable for businesses of all types to follow.
Please contact any NACS Government Relations Team with any questions you may have.