Labor & Employment 

ISSUE BRIEFS

Empower Employers to Determine Paid Leave
February 22, 2021

Empower Employers to Determine Paid Leave

Flexible Scheduling is Important for Small Employers
February 22, 2021

Flexible Scheduling is Important for Small Employers

Improve Workforce Training
February 22, 2021

Improve Workforce Training

Oppose Counter-Productive Minimum Wage Increases
February 22, 2021

Oppose Counter-Productive Minimum Wage Increases

Seek Reasonable and Economically Fair Immigration Reform
February 22, 2021

Seek Reasonable and Economically Fair Immigration Reform

Support Fair Union Elections for Small Business
February 22, 2021

Support Fair Union Elections for Small Business

Support Pension Reform and Simplification
February 22, 2021

Support Pension Reform and Simplification

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LATEST NEWS

The Senate Finance Committee will soon mark up a bipartisan package, “SECURE 2.0” which aims to modify, simplify and expand retirement savings options and access for small firms and their employees.
May 4, 2022

Bipartisan Support for Retirement Package

The Department of Labor has announced virtual listening sessions to get stakeholder input on overtime regulations - those sessions are scheduled for May and June 2022.
April 20, 2022

DOL Listening Sessions on Overtime Regulations 

DOL is proposing a rule to update the Davis-Bacon Act to better address the needs of workers in the construction industry, and they are seeking input on compliance costs from small businesses.
April 1, 2022

DOL Rule to Update Davis-Bacon

Read NSBA's response to President Joe Biden's State of the Union Address, touching on wage and leave issues as well as supply chain delays and union organizing.
March 2, 2022

Small Business Reaction to State of the Union

A last-minute addition to the America COMPETES Act recently passed in the House included NSBA-opposed provisions that could limit small-business owner rights during a unionizing campaign.
February 17, 2022

House OKs Pro-Union Language

The Task Force on Worker Organizing and Empowerment, led by Vice President Kamala Harris released nearly 70 recommendations on promoting organized labor.
February 9, 2022

Labor Taskforce Unveils Recommendations

On Jan. 24, Goldman Sachs released a survey on the ongoing impact of Covid-19 on small businesses which shows the Omicron variant is hurting Main Street.
January 26, 2022

New Survey on Small Business

Supreme Court Rules on Vaccine Mandates
January 19, 2022

Supreme Court Rules on Vaccine Mandates

Included in the reconciliation is a provision that would mandate universal paid family and medical leave for all employees.
September 16, 2021

Reconciliation: Paid Family Leave

Another piece of the reconciliation that would impact small business is inclusion of NSBA-opposed PRO Act language.
September 16, 2021

Reconciliation: PRO Act

On July 29, the House Committee on Small Business held a hybrid markup of legislation to amend the Small Business Act and the Small Business Investment Act. All seven bills passed out of the committee with bipartisan support.
August 10, 2021

Small Business Committee Advances New Bills

Paid leave continues to be a hot topic among policymakers on both ends of Pennsylvania Ave. It is also a key issue for America’s small businesses, and something NSBA is working hard to ensure small-business needs are heard and met throughout the process.
June 24, 2021

Paid Leave and Your Small Business

NSBA & LegalShield Webinar
June 24, 2021

NSBA & LegalShield Webinar

On June 10, OSHA issued a highly anticipated emergency rule that sets workplace safety parameters for employers in the health care sector for the duration of the COVID-19 pandemic.
June 17, 2021

DOL Issues Long-Awaited COVID-19 Safety Rule

Last week, the CDC released new guidelines for individuals who have been fully vaccinated, however very little clarity was provided for business owners.
May 19, 2021

CDC Mask Guidance Lacks Clarity for Businesses

President Biden delivered his first address to a joint session of Congress where he pitched the American Jobs Plan, and focused on a handful of policy goals ranging from health care affordability to immigration.
April 29, 2021

Biden Address: Keep Small Businesses Open

On April 27, President Joe Biden issued an executive order requiring federal contractors to pay a $15 minimum wage to workers who are working on federal contracts.
April 28, 2021

Biden Announces $15 Min Wage for Fed Contractors

Recently, a federal district court judge vacated the
September 16, 2020

Update on Joint Employment Rule

On Sunday, the DOL released its final rule on joint employer status, clarifying when businesses can be held liable for FLSA violations of another related business.
January 15, 2020

DOL Finalizes Joint Employer Rule

OMB has cleared a new proposal from the DOL which would allow employers to exclude bonuses, travel expenses, and other incidental payments from an employee’s base rate from which time-and-a-half is calculated.
December 12, 2019

OMB Clears Time-and-a-Half Rule

DOL has announced its final overtime rule will likely be published on Friday, Sept. 27, 2019, setting the minimum salary threshold for overtime eligibility at $35,568.
September 25, 2019

Final Overtime Rule

DOL is expected to release its final rule to update federal overtime regulations in coming weeks which would increase the overtime exemption from $23,660 to $35,308.
September 18, 2019

DOL Overtime Rule Expected Soon

House Democrats are considering changes to minimum wage increase bill--including a more gradual phase-in--with the goal of garnering additional support from moderates.
July 25, 2019

House OKs Minimum Wage Hike

The House is expected to vote on the Raise the Wage Act to gradually raise the federal minimum wage to $15.00 per hour from the current $7.25 by 2024 as early as next week.
July 11, 2019

House to Vote on Minimum Wage

On May 17, the House advanced Rep. David Cicilline’s (D-R.I.) Equality Act (H.R. 5), which would extend federal anti-discrimination protections to LGBTQ Americans in housing, employment, credit, and federally funded programs, among other areas.
May 22, 2019

Equality Act Passes the House

Last week, President Donald Trump unveiled a proposal to move the nation’s immigration system toward a merit-based system.
May 22, 2019

Merit-Based Immigration Proposal

Earlier this week, the DOL announced a proposed rule that would make it harder to hold businesses jointly liable when their franchisees or contractors violate the FLSA.
April 3, 2019

DOL Releases Joint Employer Rule

The comment period for DOL's proposed overtime rule change which would increase the overtime salary threshold from $23,660 to $35,308 annually, is now open through May 21.
March 28, 2019

DOL Seeks Overtime Comments

Advocacy Roundtable on Overtime Rule
March 20, 2019

Advocacy Roundtable on Overtime Rule

In recent weeks, the issue of paid family leave has garnered attention from lawmakers on both sides of the aisle.
March 20, 2019

Paid Leave Proposals Introduced

Last week, the Department of Labor released its proposed rule to increase the salary threshold for overtime pay eligibility to $35,308 a year.
March 14, 2019

DOL Publishes Overtime Rule

Today, the House Education and Labor Committee will vote on raising the federal minimum wage to $15 per hour, advancing a central piece of Democrats' economic agenda.
March 6, 2019

Vote on $15 Minimum Wage

The DOL is expected propose a new overtime rule soon which would establish a $35,000 salary threshold below which employees must be paid overtime.
March 6, 2019

New Overtime Rule Expected Soon

On Jan. 16, House and Senate Democrats introduced the Raise the Wage Act of 2019 which would gradually raise the minimum wage to $15 by 2024.
February 13, 2019

Raise the Wage Act of 2019 Introduced

Last week, OSHA published a final rule eliminating the requirement for firms with 250 or more employees to electronically submit their log of work-related injuries.
January 31, 2019

OSHA Finalizes Electronic Recordkeeping Rule

Last week, the NLRB overturned its 2014 decision that made it harder for employers to classify workers as independent contractors.
January 31, 2019

NLRB Returns Independent-Contractor Standard

Last week, NLRB proposed regulations to ease and simplify its Joint-Employer rule.
September 19, 2018

Changes to NLRB Joint-Employer Standard

Last week, Reps. Steve Chabot (R-Ohio) and Henry Cuellar (D-Texas) introduced legislation to to strengthen small-businesses trademarks, particularly for franchisees. 
September 5, 2018

Bill to Better Protect Trademarks

Yesterday, DOL revoked the Persuader Rule, an Obama-era regulation that would have greatly expanded union-related disclosure rules on businesses
July 18, 2018

DOL Persuader Rule Revoked

Legislation was recently introduced in the Senate and House that would dramatically strengthen unions' leverage in the workplace by adopting a handful of changes.
June 20, 2018

Card-Check Rears its Ugly Head

Earlier this week, the Supreme Court ruled that companies can continue to include arbitration clauses in employment contracts.
May 23, 2018

Supreme Court OKs Arbitration

U.S. Citizenship and Immigration Services recently launched a modernized version of E-Verify intended to enhance the employment eligibility verification process.
May 16, 2018

USCIS Modernizes E-Verify

The NLRB has extended its request for information on the 2014 “Ambush” Election Rule which NSBA has opposed in the past and once again submitted comments calling for the rule to be fully rescinded.
April 18, 2018

NSBA Comments on Ambush Election Rule

Recently, two opposing court decisions on the DOL's 2016 fiduciary rule, which would have imposed significant burdens on financial advisers, could result in the Supreme Court taking up the rule.
March 21, 2018

Fiduciary Rule Halted

The NLRB recently withdrew its decision overturning the Obama-era joint employment standard which expanded liability for certain intertwined businesses.
February 28, 2018

NLRB Reinstates Joint Employer Standard

Yesterday, the House Small Business Committee explored how easing occupational licensing barriers could reduce workforce gaps and regulatory costs for small businesses.
February 28, 2018

Business Licensing Hearing Held

On Feb. 15, the Senate failed to pass an assortment of immigration proposals—all of which needed 60 votes in order to overcome a filibuster.
February 21, 2018

Senate Rejects Four Immigration Proposals

Last week, the NLRB overruled their 2015 Browning-Ferris decision, resulting in no longer holding liable a business with indirect control over another company's employee decisions.
December 20, 2017

NLRB Overturns Joint Employer Rule

The Trump Administration is expected to challenge U.S. District Court ruling on the Obama overtime rule with the goal of preserving the authority of the Labor Secretary to shape overtime standards.
November 1, 2017

Overtime Rule Going Back to Court

DOL recently proposed a six-month delay to the implementation date of Jan. 1, 2018 for portions of the Fiduciary Rule, signaling potentially significant changes to the rule.
September 13, 2017

Parts of Fiduciary Rule Delayed

Recently, OMB informed the Equal Employment Opportunity Commission that it is initiating a review and immediate stay of their pay data collection rules.
September 13, 2017

OMB Suspends Pay Data Rules

DOL Requests Information Regarding Overtime Exemptions
August 2, 2017

DOL Requests Information Regarding Overtime Exemptions

This week, two House committees will hold hearings on two key issues that could greatly impact small business and entrepreneurship: the joint-employer rule and broad tax reform. ritical importance to America's small businesses. On Wednesday, July 12, the House Committee on Education and the Workforce will discuss the expanded definition of joint employer under federal labor laws and how it could hamper entrepreneurship. Then on Thursday, the Ways and Means Tax Policy Subcommittee will discuss how tax reform could ease small-business ownership.
July 12, 2017

Hearings on Small Biz Tax & Regs

On Tuesday, President Trump addressed a joint session of Congress outlining his priorities and what he sees as major challenges ahead, but didn’t provide much in the way of details.
March 2, 2017

Trump’s Congressional Address Light on Details

If you missed NSBA's analysis call on President Donald Trump’s first address to a joint session of Congress, listen to the podcast today.
March 1, 2017

NSBA Analysis on Trump Address

Join NSBA, the Insured Retirement Institute and NSBA corporate partner AXA Equitable for a webinar to discuss the state of retirement preparedness.
February 14, 2017

NSBA Webinar: State of Retirement

Last week, President Trump signed a directive ordering the DOL to halt implementation of the Fiduciary Rule concerning investment advisors, which is set to take effect on April 10, 2017.
February 8, 2017

Trump Directive on Fiduciary Rule

President Donald Trump began his presidency with a series of executive orders and memorandums taking aim at the Affordable Care Act, trade deals and federal workers, among others.
January 25, 2017

Trump Signs Executive Orders

NSBA partner AXA is offering members exclusive retirement solutions—the time is NOW to take advantage of their expertise.
December 14, 2016

Best Timing for Setting up a 401(k)

Judge Issues Delay for Overtime Rule
November 23, 2016

Judge Issues Delay for Overtime Rule

Legislation in the Senate is gaining traction that would fix some of the worst parts of the new DOL overtime rule and phase-in the rule over five years.
November 17, 2016

Support Grows for Bill to Fix Overtime Rule

Recently, two lawsuits--one from a coalition of 21 states, and another from a group of businesses--were filed claiming heavy financial burdens of the DOL's overtime rule.
October 20, 2016

Lawsuits on Overtime Rule Filed

To recognize National Retirement Security Week, NSBA partner AXA is offering NSBA members a host of complimentary retirement resources.
October 12, 2016

Consider Your Retirement Savings Goals

On Monday, Oct. 17 at 11:00 a.m. EDT, the DOL and SBA will host a webinar for small businesses on the final overtime rule.
October 11, 2016

DOL, SBA Webinar on Overtime Rules 

The EEOC recently announced that beginning in March 2018, it will collect summary employee pay data from certain employers to help improve investigations of possible pay discrimination.
October 5, 2016

EEOC Will Collect Summary Pay Data in 2018

Last week, the House passed a bill to delay full compliance with the DOL’s new overtime rule by six months, however President Obama has already issued a veto threat.
October 5, 2016

House Passes Overtime Delay

DOL is expected to release a final rule this week requiring federal contractors and subcontractors to provide their workers with at least seven days’ paid sick leave per year.
September 28, 2016

DOL Sick Leave Final Rule Expected

Tomorrow, the House will vote on a bill to delay by six months the DOL’s overtime rule, which would more than double the current threshold below which employees must be paid overtime.
September 28, 2016

House to Vote on Overtime Rule

On Sept. 27, the EEOC released a new online resource center designed to help small-business owners comply with the laws enforced by EEOC.
September 28, 2016

EEOC Releases New Online Resource Center

NSBA partner AXA has complied a thorough checklist to help you ensure you're saving appropriately for your retirement.
September 21, 2016

Save for the Future… Your Retirement Checklist

Congress Returns to Long To-Do List
September 14, 2016

Congress Returns to Long To-Do List

NSBA is urging small businesses to support Senate and House Republicans' efforts to shut down the new DOL rule to double the minimum salary threshold on mandatory overtime pay.
June 29, 2016

Stop Dramatic Changes to Overtime Regs

Recently, the House Committee on Education and the Workforce held a hearing to examine the DOL's controversial overtime rule, which doubles the salary threshold under which employees qualify for overtime.
June 15, 2016

Lawmakers Debate Overtime Rule

The White House recently released its Spring 2016 Unified Regulatory Agenda, outlining expected regulatory actions through 2016, including the so-called “blacklisting” rules for federal procurement.
May 25, 2016

“Blacklisting” Rule to be Finalized in August

Last week, the DOL issued its final overtime rule, nearly doubling the minimum salary threshold to $47,476 per year, extending overtime to more than four million workers.
May 25, 2016

Next Steps: Final Overtime Rule

The administration is set to announce their final overtime rule which will nearly double to $47,500 the threshold below which salaried employees qualify for overtime.
May 18, 2016

Final Overtime Rule Published

AXA, an NSBA corporate partner, offers advice for small-business owners on the steps that can lead to a secure retirement for owners, families and employees.
May 4, 2016

AXA: Meeting Small Biz Needs

The IRS announced it will withdraw proposed regulations relating to nondiscrimination requirements in retirement plans which would have made it much harder for small businesses to keep or form new retirement plans. NSBA Past Chairman Gary Kushner played an instrumental role in scoring this major win for small businesses retirement plans and the employees who benefit from them.
April 27, 2016

IRS Withdraws Proposed Regs

Last week, the DOL issued a final rule covering
April 13, 2016

DoL’s Final Fiduciary Rule Released

DOL has released its final silica rule which would reduce the permissible exposure limit for respirable crystalline silica but exempts certain construction companies.
April 6, 2016

Final Silica Rule Released

NSBA recently submitted comments to the EEOC on their proposal to collect pay data from employers with more than 100 employees to identify possible pay discrimination.
March 30, 2016

NSBA Comments on EEOC Pay Data Collection Proposal

Last week, the DOL issued the long-awaited final persuader rule that will require public disclosure of any consultants that employers hire to assist in union organizing.
March 30, 2016

DOL Publishes Final Persuader Rule

NSBA submitted a letter to the DOL regarding their interpretation on joint employment which could broaden business liability to employees of other firms.
March 30, 2016

NSBA Letter on Joint Employer Rule

Yesterday, the DOL sent their major overtime rule to the Office of Management and Budget for final approval, expediting the timeline by when a final rule is expected.
March 16, 2016

Overtime Rule Sent to OMB

NLRB’s Ambush Elections Latest Statistics
March 11, 2016

NLRB’s Ambush Elections Latest Statistics

On Feb. 24, the DOL issued a proposed rule, with a meager 30-day comment period, that requires federal contractors to provide at least seven paid sick days per year.
March 2, 2016

DOL Requires Paid Sick Leave for Fed. Contractors

NSBA has compiled a list of the key issues facing small business that Congress may address in its shortened 2016 legislative calendar.
February 17, 2016

NSBA’s 2016 Legislative Outlook

NSBA today released its 2016 Year-End Economic Report which shows small-business owners have less confidence in the overall economy, but more confidence in their own business.
February 10, 2016

Survey: Small-Business Outlook Mixed

Recently, the DOL sent its final Fiduciary Rule to the OMB for review which would could significantly increase liability risk and regulatory costs for brokers.
February 10, 2016

Final DOL Fiduciary Rule Sent to OMB

Yesterday, President Barack Obama released his final budget plan for FY 2017 which is a $4.1 trillion spending outline that focuses resources on clean energy, education and health care.
February 10, 2016

Obama Releases Final Budget

The EEOC recently proposed requiring employers with more than 100 employees to report on pay data to assist the agency in identifying pay discrimination.
February 3, 2016

EEOC Aims to Require Pay Data

The White House has released a revised regulatory agenda which includes rules on carbon emissions and water pollution, overtime pay, and the so-called “persuader” rule.
December 2, 2015

New White House Regulatory Agenda

Last week, the House Education and the Workforce Committee approved legislation (H.R. 3459) that would roll back the NLRB's decision on redefining
November 4, 2015

Bill to Clarify Joint Employer Standard Advances

Late last week, the EEOC issued a proposed rule to amend genetic information sharing regulations in order to bring it in-line with increased wellness program incentives approved under ACA.
November 4, 2015

EEOC Rule on Wellness and Genetic Information

Last week, the House Small Business Subcommittee on Investigations, Oversight and Regulations held a hearing on the recent overtime rules proposed by the Department of Labor where the process and the rules were highly criticized.
October 14, 2015

House Committee Examines Overtime Rules

October 13, 2015

Which Retirement Plan Is Best for Your Business?

NSBA corporate partner AXA is encouraging NSBA members to educate themselves about the important role life insurance plays in helping Americans get the coverage they need to protect themselves and their loved ones.
September 23, 2015

Are Your Loved Ones Protected?

The NLRB recently issued a series of decisions--all of which have negative consequences for business—including one that could extend the jurisdiction of the NLRB to non-unionized small businesses.
September 10, 2015

NLRB Extends Reach to Small Business

The DOL’s proposed overtime rules have received nearly 250,000 comments -- including NSBA’s and those of its members which were highly critical of the proposal -- with a final rule not likely until 2016.
September 9, 2015

Overtime Rules: Hurry up and Wait

On Labor Day this week, President Obama signed an Executive Order that would mandate federal contractors to provide up to seven paid sick days to all employees.
September 9, 2015

Obama Mandates Contractors to Offer Sick Leave

NSBA today submitted comments warning against the DOL's proposed rules on overtime pay which, in addition to the massive salary threshold increase, has not allowed an appropriate time frame for stakeholders to properly study and survey the far-reaching impacts the rule will have.
September 3, 2015

NSBA Cautions Against New Overtime Rules

This Thursday, Aug. 13, NSBA will hold a teleconference for members to discuss proposed overtime regulations which could more than double the salary threshold for paying overtime from $23,660 to $50,400.
August 9, 2015

Download NSBA Teleconference on Overtime Rules

On July 15 the Department of Labor's Wage and Hour Division released guidance addressing how to assess whether a worker is properly classified as an independent contractor.
July 22, 2015

DOL Releases Independent Contractor Guidance

NSBA is seeking small-business input on new overtime rules which will massively increase the salary threshold below which all employees must be paid overtime, and could make changes to the so-called “duties test”.
July 14, 2015

NSBA Seeks Input on Overtime Rules

This week, the U.S. Department of Labor is unveiling highly-anticipated overtime rules that would drastically increase the number of employees that must be paid overtime, regardless of duties or managerial position.
July 1, 2015

Proposed Overtime Rules Could be Disastrous

David Weil, Administrator of the DOL's Wage and Hour Division, recently stated that his office is preparing to release guidance addressing how to assess whether a worker is properly classified as an independent contractor.
June 16, 2015

DOL to Release Independent Contractor Guidance

The House Committee on Education and the Workforce held a hearing today to discuss the forthcoming rule from the Department on Labor on overtime and its likely impact on the business community.
June 10, 2015

Forthcoming Overtime Rules Subject of House Hearing

The Department of Labor is expected soon to unveil proposed overtime rules that likely would further restrict employers from exempting certain employees from overtime pay.
May 19, 2015

Overtime Rules to be Unveiled

In an expected move, President Barack Obama last week vetoed a Congressional measure designed to block a potentially destructive new rule from the National Labor Relations Board.
April 8, 2015

Obama Vetoes House Bill on “Ambush” Elections

The Republican gains in the House and shift of leadership from Democratic to Republican in the Senate have ushered in a new spate of Committee chairs and ranking members.
January 7, 2015

New Congressional Committee Leadership

The shift in the Congressional balance of power has the potential to change the dynamic on issues related to the workforce.
November 6, 2014

Elections Analysis: Labor and Health Care

Recently, a NLRB judge against UnitedHealth Group Inc.’s employee arbitration agreement requiring employees to go through individual arbitration vs. a class action suit.
September 16, 2014

NLRB Pushes Back Against Arbitration

The NLRB is reviewing the standard for deciding when a business under contractual arrangements is deemed a joint employer of workers employed by another business - which could make businesses more responsible for sub-contracted workers.
September 4, 2014

NLRB Case Redefines Joint Employer Standard

Last week, President Barack Obama signed an Executive Order requiring federal contractors to disclose past labor violations and increasing agencies’ ability to bar those companies from receiving contracts.
August 6, 2014

Obama EO Raises Scrutiny on Contractor Labor Violations

Recently, the SBA Office of Advocacy submitted comments to the Department of Labor regarding its proposed rule implementing President Obama's directive to increase the minimum wage for federal contract workers to $10.10 per hour.
July 30, 2014

SBA Advocacy Submits Comments on Min Wage Rule

Last week, the House passed a revised Senate version of the Workforce Innovation and Opportunity Act which would modernize and improve existing federal workforce development programs.
July 16, 2014

Bipartisan Workforce Bill Heads to President’s Desk

Sen. Tom Harkin (D-Iowa) recently introduced legislation which would make several major changes to the Fair Labor Standards Act, effectively expanding the number of salaried workers eligible for overtime pay.
July 16, 2014

Bill Introduced to Expand Overtime Pay

Yesterday, NSBA President Todd McCracken testified before a House Education and Workforce Subcommittee on employers' use of background checks where he urged the EEOC better articulate rules that are comprehensible and don’t conflict with existing state rules.
June 11, 2014

NSBA President Testifies on Background Checks

The Senate is set to hold a test vote this week on a bill to increase the minimum wage from $7.25 to $10.10, indexed for inflation, which includes language to extend increased Sec. 179 expensing through 2016.
April 29, 2014

Senate Test Vote on Minimum Wage This Week

The NLRB recently filed a petition seeking a rehearing from a U.S. Court of Appeals on a ruling to reverse their Jan. 2012 ruling prohibiting employers from using individual arbitration agreements in employment contracts.
March 19, 2014

NLRB Seeks Court Reversal on Arbitration Ruling

President Obama is expected to announce tomorrow a regulatory plan to expand the number of workers eligible for overtime pay by narrowing the current “white-collar exemption”.
March 12, 2014

Overtime Pay Expansion Planned by Administration

Last week, House GOP leadership released a set of standards or “principles” for immigration reform which, while very general, addressed a number of the provisions included in the Senate-passed immigration bill.
February 5, 2014

Immigration Reform: All Talk?

Earlier today, NLRB announced plans to move forward on its elections rule, which was struck down in 2012 in district court for a quorum failure and would speed up the elections process in a unionizing campaign.
February 5, 2014

NLRB Revisits NSBA-Opposed Elections Rule

Last week, NSBA held an Issue Briefing Teleconference on the State of the Union Address featuring Kent Hoover, the Washington Bureau Chief for American City Business Journals. Download the podcast today.
February 5, 2014

NSBA State of the Union Podcast

On Tuesday, Jan. 28, President Barack Obama delivered his State of the Union Address which held good and bad implications for America’s small businesses, but was light on details and specifics.
January 29, 2014

State of the Union: What it Means for Small Biz

Tonight’s State of the Union Address from President Barack Obama held good and bad implications for America’s small businesses.
January 28, 2014

Small Business Reaction to State of the Union Address

On Monday, the U.S. Supreme Court heard oral arguments in a case that could invalidate more than a year’s worth of National Labor Relations Board (NLRB) decisions and permanently alter the “advice and consent” dynamic between the President and the Senate.
January 16, 2014

Supreme Court Weights “Recess” Appointments

NLRB Gives Up on Union Poster Rule
January 8, 2014

NLRB Gives Up on Union Poster Rule

January 8, 2014

Minimum Wage Hikes in 2014

Recently, a decision from the National Labor Relations Board prohibiting employers from using arbitration agreements in employment contracts was overturned by the Fifth Circuit Court of Appeals, signaling a win for small business.
December 18, 2013

NLRB Arbitration Decision Overturned

NSBA has recently partnered with AXA Equitable to address the challenge many small businesses face in retirement savings – just in time for the new year, a great time to reevaluate your plan.
December 4, 2013

Retirement Reality for Small Business

Despite slim chances of anything actually passing both the Senate and House, Democrats are pushing legislation to increase the federal minimum wage to $10.10, up from today’s rate of $7.25, and tie the rate to inflation.
November 20, 2013

Dems Pushing Minimum Wage Hike

The Senate is poised this week to pass the Employment Non-Discrimination Act which would extend existing federal workplace protections for individuals based on race, religion, gender, age and disability to gay, lesbian, bisexual and transgender individuals.
November 6, 2013

Senate Takes up Employment Non-Discrimination Act

The Senate yesterday narrowly confirmed former union lawyer Richard F. Griffin Jr. as general counsel to the NLRB where he will begin serving a four-year term overseeing all investigations and prosecutions, and much more.
October 30, 2013

Griffin Confirmed as NLRB General Counsel

NSBA General Counsel David Burton testified last week before the House Education and Workforce Committee at a hearing to explore the pressures placed upon small businesses by overreaching and unfair labor policies.
September 25, 2013

NSBA Testifies on DOL and NLRB Issues

Starting on Oct. 1, 2013, employers must provide all employees with a notice of their coverage options available through the health insurance exchange in their state under the Patient Protection and Affordable Care Act (PPACA).
September 11, 2013

Traps for the Unwary: Employer Notices on Health Exchanges

Following a U.S Court of Appeals decision stating that President Barack Obama did not have authority to make certain recess appointments to the NLRB, the U.S. Supreme Court has agreed to weigh in on the case. The deadlines to file briefs have been extended, which will then be followed by oral arguments.
September 11, 2013

NLRB Recess Appointment Litigation Update

NSBA members have an opportunity to participate in a focus group and research project revolving around the E-Verify program for the U.S. Citizenship and Immigration Services.
August 14, 2013

Small Businesses Needed for Research on E-Verify

There have been two recent developments against the EEOC's criminal background policies: a letter critical of the policy from nine state Attorneys General and a ruling against the EEOC from a U.S. District Court.
August 14, 2013

Efforts to Stop EEOC Background Screening Initiative

House Judiciary Committee Chairman Robert Goodlatte (R-Va.) has established an Over-Criminalization Task Force aimed at addressing the proliferation of new federal crimes and severe civil money penalties often for relatively minor violations of federal regulatory requirements.
July 31, 2013

House Over-Criminalization Task Force Starts Work

In just over a week, Congress will begin their five-week August recess during which they will tend to district matters and constituent meetings. Unfortunately, their to-do list remains long and challenging.
July 24, 2013

August Recess Approaches, To-Do List Remains Long

Following last week’s agreement by Senate leadership, a host of presidential nominees have been confirmed in the last week, with more likely to get a vote in the coming week.
July 24, 2013

Presidential Nominees Move Forward in Senate

The Senate Health, Education, Labor and Pensions Committee held a hearing on two nominees for the NLRB yesterday and is expected to approve the nominations today with a Senate vote likely next week.
July 24, 2013

NLRB Nominees Likely to Move Forward

Sen. Orrin Hatch (R-Utah) has introduced the Secure Annuities for Employee (SAFE) Retirement Act of 2013 (S. 1270) which would make a wide variety of positive changes to the extraordinarily complex laws governing retirement plans.
July 17, 2013

Retirement Reform Bill Introduced by Sen. Hatch

Last night, Senate leadership reached an agreement to avoid the so-called
July 17, 2013

Senate Leaders Reach Agreement on Filibuster Rules

Last week, the Senate Health, Education, Labor and Pensions Committee reported favorably the Employment Non-Discrimination Act of 2013 which would prohibit discrimination on the basis of a person’s sexual orientation or gender identity.
July 17, 2013

Senate Committee Approves Non-Discrimination Act

The Senate recently passed comprehensive immigration reform (S. 744) by a margin of 68-32, with 14 Republicans and all Democrats voting for the measure. The attention now shifts to the House where the Judiciary Committee has reported out four targeted immigration-related bills.
July 10, 2013

Immigration Bill Passes Senate; House Judiciary Acts

The Senate is expected this week to vote on and pass the Border Security, Economic Opportunity, and Immigration Modernization Act (S. 744). Prior to the final vote, they will take up a handful of amendments--some of which may be critical to small business.
June 26, 2013

Senate Expected to Pass Immigration Reform This Week

This week, the U.S. Supreme Court granted the petition for a writ of certiorari in NLRB v. Noel Canning, the case questioning whether the President's recess-appointment power may be exercised when the Senate is convening in pro forma sessions.
June 26, 2013

Supreme Court to Consider NLRB Authority to Act

he Equal Employment Opportunity Commission (EEOC) has filed suit against BMW and Dollar General for allegedly maintaining impermissible criminal background screening programs--another piece of the “guidance” released by EEOC which would prohibit much criminal background screening by employers.
June 26, 2013

EEOC Files Suits on Criminal Background Checks

The Department of Labor recently issued an interpretation letter which would allow employees at a non-union workplace to designate union officials or community organizers as their representatives during OSHA inspections.
June 26, 2013

DOL Increases Union Reach in OSHA Inspections

The full Senate is now considering the comprehensive immigration reform legislation with many amendments being offered, including a handful of NSBA-supported amendments. A final vote is anticipated prior to the July 4th recess.
June 19, 2013

Immigration Debate: Senate Could Vote by July 4 Recess

Yesterday, the Senate voted 82-15 to proceed to the Border Security, Economic Opportunity, and Immigration Modernization Act (or the Gang of 8 immigration reform bill), kicking off an expected three week debate on issues including border security, high-skilled worker visas, temporary worker visas and E-Verify.
June 12, 2013

Senate Takes Up Immigration Bill

Recently, there has been action on a handful of nominations to federal agencies that deal with business and labor issues, namely the Department of Labor and National Labor Relations Board (NLRB).
June 5, 2013

DOL and NLRB Nominations Move Forward

Immigration reform continues to dominate the discussion inside the Beltway, with both the Senate and House continuing their work on legislation and NSBA recently holding a targeted call for small businesses on the issue.
June 5, 2013

Immigration Update: NSBA Call & Bill Status

Late last week, the Senate Committee on Small Business and Entrepreneurship held a roundtable to discuss mandatory E-Verify proposals and how they would impact small business, during which NSBA recommended to Senators ways that existing proposal can be improved.
May 22, 2013

NSBA Participates in Senate Roundtable on E-Verify

The Senate Judiciary Committee is expected to finish their markup of the immigration reform bill later this week, capping off a roughly 3-week mark-up which included more than 300 amendments. NSBA continues to track and weigh-in on two key areas of importance to small business: guest workers and mandatory E-Verify.
May 22, 2013

Senate Immigration Reform Update

This week, the U.S. Senate Committee on the Judiciary will continue their mark-up of the immigration reform bill, taking up guest worker language and likely moving later in the week to E-Verify.
May 15, 2013

Senate Committee Continues Immigration Bill Mark-Up

Yesterday, the U.S. Court of Appeals for the D.C. Circuit ruled invalid the NLRB's rule requiring nearly all employers to post an 11 by 17 inch poster notifying employees of their right to unionize on their properties, citing NLRB's lack of statutory authority.
May 8, 2013

Federal Appeals Court Invalidates NLRB Poster Rule

Tomorrow, the U.S. Senate Committee on the Judiciary will begin to mark-up the broad immigration reform bill introduced by the gang of eight, and will entertain a host of amendments on issues ranging from H-1B visas to E-Verify.
May 8, 2013

Immigration Reform Bill Moves Ahead in Senate

NSBA and several of its state and local affiliates joined a broad coalition this week in urging the Senate to support improvements in the E-Verify provisions contained in the immigration reform bill being considered by the Senate Judiciary Committee.
May 8, 2013

Coalition Seeks E-Verify Error Rate Improvements

The House is expected to vote this week on the NSBA-supported Working Families Flexibility Act of 2013 which would allow employers to provide compensatory time off to employees at a rate of 1 1/2 hours per hour of overtime worked in lieu of monetary compensation.
May 8, 2013

House to Take up Flex Time Bill

The U.S. Supreme Court recently ruled that employer settlement offers can result in dismissal of some FLSA lawsuits, however the court declined to adopt a broad rule protecting employers.
April 25, 2013

Supreme Court Rules on FLSA Collective Action Case

The highly-anticipated immigration reform package from the gang of eight was introduced late last night which, while NSBA is still pouring over its 844 pages, includes a host of provisions that will impact small business, specifically increasing and changing guest worker visa programs and mandating E-Verify for all employers.
April 17, 2013

Bipartisan Immigration Reform Bill Introduced

A bipartisan group of senators –– the so-called gang of eight –– is expected to release a broad immigration reform proposal later this week which is said to address issues such as highly-skilled worker visas, temporary worker programs and mandatory E-Verify.
April 10, 2013

Gang of Eight to Release Immigration Plan

NSBA today released its 2013 Workforce and Immigration Survey. Among the key findings: while only 17 percent employ immigrant workers, nearly half of respondents said they rely on highly-skilled workers with a STEM background, driving broad agreement that a new visa category ought to be created for highly-skilled workers.
April 4, 2013

NSBA Releases New Survey on Immigration and Workforce

Negotiations continue on the immigration front with the bipartisan “Gang of Eight” in the Senate continuing to work toward, and possibly nearing an agreement, while similar discussions are occurring in the House.
March 27, 2013

Immigration Update

Recently, a draft proposal on immigration reform was leaked from the White House which includes E-Verify provisions that are very problematic for small business.
February 27, 2013

E-Verify Proposal Highly Problematic

On Capitol Hill today, there are two important hearings taking place: the Senate Judiciary Committee meet today to discuss comprehensive immigration reform while on the other side of the Capitol, the House Small Business Committee will hold a hearing entitled “State of the Small Business Economy.”
February 12, 2013

This week on the Hill: Immigration and Small Business Hearings

Three proposals on immigration were announced this week: two broad reform proposals, one from a bipartisan group of Senators the other from the President; and another bipartisan Senate bill aimed at high-skilled workers.
January 30, 2013

Three Immigration Plans Recently Introduced

On Jan. 25, U.S Court of Appeals for the District of Columbia Circuit ruled that the NLRB lacks authority to act given that two of the three current members were recess appointments and thereby not constitutionally valid.
January 30, 2013

Appeals Court Rules NLRB Lacks Authority to Act

The Department of Labor recently indicated to White House Office of Management and Budget Office of Information and Regulatory Affairs (OIRA) that it plans to take final action on the “Persuader” or “Advice” rule by April 2013.
January 16, 2013

DOL Persuader Rule Due Out by April

In the fifth installation of our series, “Traps for the Unwary,” we discuss the pitfalls employers may face in using credit and other consumer reports in hiring and other employee-related decisions.
January 16, 2013

Traps for the Unwary: Credit, Consumer Reports & Hiring

The NLRB recently handed down four decisions reversing precedent on items relating to the collection of union dues; union involvement in employee discipline; employee use of social media; and employee confidentiality.
January 9, 2013

Recent NLRB Decisions Overturn Precedent

NSBA President Todd McCracken recently testified before the U.S. Commission on Civil Rights criticizing the recent, changed enforcement guidance in how employers are allowed to conduct criminal background screening of potential employees.
December 19, 2012

NSBA Testifies on Criminal Background Screening

Last week, NSBA held its Small Business Congress in Washington, D.C., where small-business leaders heard from policy experts and Members of Congress and their staffs, and crafted a small-business agenda for the coming two years.
December 4, 2012

Small Business Congress Wrap-Up

Last week the House passed the STEM Jobs Act (H.R. 6429), which will help entrepreneurs and small businesses attract and retain the workers they need to run their firms.
December 4, 2012

STEM Visa Bill Update

Congress appears likely to consider legislation during the lame duck session which would provide visas to foreign-born students graduating from an American university with an advanced degree in the STEM fields.
November 13, 2012

STEM Visas Likely Topic for Lame Duck Session

October 24, 2012

NLRB Decisions on Courtesy and Social Media

Reps. Lamar Smith (R-Texas) and Zoe Lofgren (D-Calif.) have both introduced legislation to increase allowable STEM visas to help address the shortfall of high-skilled workers, and Sen. Chuck Schumer (D-N.Y.) is expected to do so shortly. Also in the mix is the NSBA-supported Startup Act 2.0 which addresses immigration and much more.
September 18, 2012

STEM Visa Measures Introduced

Reps. John Conyers (D-Mich.) and Jason Chaffetz (R-Utah) have introduced legislation to provide a path to permanent resident status to foreign entrepreneurs who invest and live in the U.S., and who create jobs here.
August 1, 2012

Immigrant Entrepreneur Bill Introduced

The NLRB recently ruled that Sodexo violated labor law due to a failure to
July 24, 2012

NLRB Rules on Employer Off-Duty Access Policies

The U.S. Citizenship and Immigration Services recently provided additional details to the administration's new imigration policy, “deferred action,” wherein they likely will not pursue deportation for certain illegal immigrants who have lived in the U.S. for at least five years, are under 30 years old and free of any major criminal convictions, among other criteria.
July 17, 2012

New Details on “Deferred Action” Immigration Policy

On July 18, NSBA’s General Counsel David Burton testified before the Equal Employment Opportunity Commission (EEOC) on the Commission’s Strategic Plan. The testimony argued against prioritizing enforcement actions against businesses with high school diploma requirements or those that conduct and use criminal background checks.
July 17, 2012

Testimony: Background Checks, Diploma Requirements

This week, the House Small Business Committee and the House Small Business Subcommittee on Investigations, Oversight, and Regulations plan to hold hearings on how certain regulations are affecting small businesses in the commercial trucking and hauling industry and the maritime industry.
July 9, 2012

House Small Business Committee Hearings Scheduled

Earlier this week, in Arizona v. United States, the Supreme Court struck down most aspects of Arizona’s immigration law but upheld the requirement that police make a reasonable attempt to determine the immigration status of a person they stop.
June 28, 2012

Limits Defined for State Immigration Laws

After months of discussions on how to pay for an extension of the current, federal student loan interest rate, Senate negotiators have crafted a compromise that no longer includes the elimination of a ax incentive for S-Corporations.
June 28, 2012

Agreement on Student Loan Interest Rate

Last week, NSBA submitted comments to the EEOC opposing their recent guidance on employers requiring high school diplomas as well as expressing doubt that, contrary to recent EEOC efforts, criminal background checks are being misused to any significant degree.
June 20, 2012

EEOC Issues Background Checks “Guidance”

Immigration Update: Deferred Action and H-2B Visas
June 20, 2012

Immigration Update: Deferred Action and H-2B Visas

The NLRB has released new guidance on employers' policies over their employees use of social media outliets such as Facebook.
June 13, 2012

NLRB Guidance on Employer Social Media Policies

As of yesterday, the U.S. has hit the cap of H-1B visa petitions for specialty occupations for FY 2013.
June 13, 2012

H-1 B Temporary Worker Visa Quota Filled

GAO Recommends New OSHA Regulations
May 15, 2012

GAO Recommends New OSHA Regulations

On Monday, May 14, the U.S. District Court for the District of Columbia held that the NLRB union elections rule that took effect April 30 is invalid because it was adopted without the statutorily required quorum. The lawsuit challenging the rule was filed by the Coalition for a Democratic Workplace (CDW) and the U.S. Chamber of Commerce. NSBA is a member of the CDW.
May 15, 2012

NLRB Union Election Rule Held Invalid

On April 30, a new National Labor Relations Board (NLRB) union election rule took effect.
May 1, 2012

NLRB Issues Union Election Guidance

EEOC May Revise Background Check Rules
April 24, 2012

EEOC May Revise Background Check Rules

On Friday, April 27, the House Judiciary Committee Subcommittee on Immigration Policy and Enforcement will hold a hearing entitled “E-Verify: The Perspective of Employers Who Use It.”
April 24, 2012

Hearing on Mandatory E-Verify

NLRB Poster Requirement Temporarily on Hold
April 19, 2012

NLRB Poster Requirement Temporarily on Hold

Mandatory E-Verify supporters have stepped up efforts to pass the Legal Workforce Act (H.R. 2885) through a series of TV advertisements on the issue directed at the Republican leadership in the House.
March 14, 2012

E-Verify Debate May Heat Up

District Court Decides NLRB Poster Case
March 9, 2012

District Court Decides NLRB Poster Case

House To Consider JOBS Act
March 6, 2012

House To Consider JOBS Act

February 15, 2012

NSBA Registers Opposition to New EEOC Policy

February 9, 2012

EEOC Bars Certain Job Requirements by Employers

January 10, 2012

NLRB Update:Recess Appointments and More

January 10, 2012

NSBA Opposes Bill Allowing Unemployed to Sue

November 29, 2011

Decision on NLRB Union Elections Rule Expected

October 13, 2011

NLRB Posting Requirement Delayed

October 12, 2011

Bill Introduced to Stop NLRB Election Rule Changes

October 5, 2011

NSBA Testimony on DOL’s Proposed Persuader Rule

October 5, 2011

NSBA Fights DOL Advice Regulation

September 27, 2011

NSBA Files Comments on DOL “Persuader” Regulations

September 27, 2011

House Committee Approves Bill to Mandate E-Verify

September 8, 2011

New NLRB Posting Requirement Announced

August 22, 2011

NSBA Submits Comments on NLRB Elections Rule

August 2, 2011

DOL Extends Deadline on Persuader Rule

July 20, 2011

NLRB Hearing on Elections Rule

July 13, 2011

Unions and Labor Round-up

June 22, 2011

Mandatory E-Verify Proposal Introduced

May 14, 2011

Amid Immigration Reform Push, Everify Emerges

April 19, 2011

House Examines Davis-Bacon Report

February 1, 2011

Labor Law Round-Up

January 4, 2011

NLRB Proposed Rule on Posting Requirements

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NSBA
LETTERS

March 6, 2021
Letter of Support for Prison to Proprietorship Act
July 30, 2020
NSBA Letter on Phase Four Stimulus: the Continuing Small Business Recovery and Paycheck Protection Program Act
April 15, 2020
NSBA Coalition Letter Urging Additional PPP Loan Funds
March 21, 2020
NSBA Letter Urging Inclusion of 501(c)6 in PPP
March 20, 2020
NSBA Coalition Letter on Retirement Security
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REGULATORY COMMENTS

April 16, 2018
NSBA Comment Letter on the Request for Information on the 2014 “Ambush” Election Rule
March 28, 2016
NSBA Comments to DOL on Administrator’s Interpretation of Joint Employment under FLSA and MSPA
March 28, 2016
NSBA Comments to EEOC on Employer Information Report (EE0-1)
January 16, 2013
NSBA Comments to DOL on the Proposed “Persuader” Rule
June 20, 2012
NSBA Comments on the EEOC’s Strategic Plan for Fiscal Years 2012 – 2016
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View All Regulatory Comments

LEGISLATIVE ACTIVITY

April 3, 2019
DOL Releases Joint Employer Rule
December 19, 2012
NSBA Testimony to EEOC on Criminal Background Checks
May 25, 2012
NSBA Statement Opposing Mandatory E-Verity
October 5, 2011
NSBA President Provides Testimony on Retirement Security
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View All Legislative Activity

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