The US Labor Department just announced it will shift the focus of its investigation resources to non-union workplaces, promising to provide “maximum clarity” about employers’ legal obligations. The new strategy was outlined in a February 26 memo titled “Enforcement Priorities to Protect the American Worker and Those Who Depend on Him” released by DOL General Counsel Jonathan Berry. The blueprint underscores the agency’s shift to an employer-friendly, compliance focus, as it endeavors to enact President Trump’s goals of cutting federal regulations. It also sheds further light on the agency’s priorities as it navigates staffing reductions and new enforcement projects, such as its ramped-up scrutiny of the H-1B immigration program. Here are the important points of the memo that your business should know.
Non-Union Focus
In the instruction to DOL’s associate and regional solicitors, Berry said that the agency’s enforcement arm shouldn’t prioritize investigation at workplaces covered by collective bargaining agreements “that provide adequate and regularly implemented remedies.”
“In those cases, unions are better situated on the ground to evaluate and rectify harms to workers – especially where employees possess a federal private right of action to address employment-law violations,” the memo, reviewed by FP, said.
But that doesn’t mean unionized workplaces have a get-out-of-jail-free card. Berry says the “presumption” will be suspended if there’s evidence that the union isn’t...
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