b'Legally Speaking CSIA 29fact to convey an employers belief as to demonstrablyprobableconsequences beyond [its] control.Employers and their supervisors who share their own subjective expectations or predict unprovable negative unionizationconsequenceswillnowbe considered to have madeunlawful threats of retaliation based on misrepresentation and coercion. Yes, the Biden-appointed Board will now fact check employers. Gone are the days that an employer can predict that, if a union comes in, the company certainly will go out of business. This reverses four decades old NLRB case precedent that deemed most employer predictions about the impact of unionization to be categorically lawful. Resisting union organizing has just become much more difficult for employers who want to speak out.Bothofthesedecisionsoverturning longstanding law were supported by the three Democrat NLRB members and opposed by the sole Republican member currently on the five-member Board.However, come January and the likely opportunity for President-Elect Trump to replace at least one Democrat member and fill a currently vacant seat with a Republican, the staying-power of these two decisionsand a litany of other extraordinarily union-friendly positionsamount every three years. Some employers who the NLRB has taken in the last few yearsseemraised salaries to meet the threshold requirementsCENTRAL STATES INSULATION ASSOCIATIONquestionable. But overturning these decisions canfor exemption this last summer now must consider take up to two years.whether to claw back those hefty wage increases. The DOL could choose to appeal the decision, but in RECENT OVERTIME RULES STRUCK DOWN light of the change in administrations it seems unlikely.On November 15, 2024, a Texas federal court struck down a DOL rule reclassifying approximately 4 millionEmployment law constantly changes, occasionally salaried workers, which originally made them eligibleto the advantage of management, but the impact of for overtime pay. The DOL mandate already raised theadverse employment rulings can create uncertainty salary threshold for overtime exemption from $35,568and headaches for employers.to $43,888 effective this summer, on July 1, 2024, and it was scheduled to increase to $58,656, effectiveFor more information about these and other labor and January 1, 2025. The Court ruled that theDOLemployment law topics, including NLRB, EEOC, and exceeded its statutory authority by mandatingDOL proceedings, OSHA, Workers Compensation, increases of the salary threshold for employeesand litigation, contact Bob Dunlevey (rdunlevey@to be properly classified as exempt under thetaftlaw.com) or Marc Fleischauer (mfleischauer@Fair Labor Standards Act. The rule also would havetaftlaw.com).provided for automatic increases in the threshold csiaonline.org'