NLRB General Counsel Memo. (Beltway Buzz - December 8, 2017)

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what's happening in Washington, D.C. could impact your business.

Another hectic week here in D.C. has us feeling like we're living in a glass case of emotion. Here's why: NLRB General Counsel Memo. On Friday, December 1, National Labor Relations Board (NLRB) General Counsel (GC) Peter B. Robb issued his expected "mandatory submissions" memo. No, the memo isn't a catalogue of MMA choke holds but instead is a traditional tool of both new and sitting GCs at the Board. The mandatory submissions memo provides the regulated community with an initial glimpse into Robb's policy priorities. More specifically, the memo sets forth the categories of cases that should be sent from the NLRB regions to the Board's Division of Advice in Washington, D.C., to await further instructions. Eric C. Stuart and Christopher R. Coxson have a must-read post on this matter. Tip-Pooling Regulation. On December 5, the Department of Labor's Wage and Hour Division proposed to ease the previous administration's regulations prohibiting service industry employers that don't take a tip credit from participating in tip-pooling arrangements in which servers share tips with back-of-the-house staff. The 2011 prohibition on such arrangements is the subject of an ongoing lawsuit filed by the National Restaurant Association, which praised the new proposal. Stakeholders have 30 days in which to file comments. Alfred B. Robinson, Jr. and Brooke S. Purcell have the details here. Where is the Regulatory Agenda? Well, Thanksgiving has come and gone, and we haven't seen a fall version of the Regulatory Agenda—the comprehensive document that serves as the federal government's forecast and timeline of regulatory activity. From 2013 through 2016, the agenda appeared right before Thanksgiving (one year, it was published on the Wednesday prior). Not so this year, and the business community remains anxious for some clarity on when—or if—the administration might issue regulatory proposals dealing with matters such as the overtime rule, injury and illness reporting, and the H-4 visa rule, among others. Suffice it to say that the Buzz will be on the lookout for the appearance of the agenda and will report back with any news.

Blacklisting Scrapped . . . Again. The Buzz previously reported on an effort to include a "mini-blacklisting" regime for Department of Defense contractors in...