AAPEX Live 2023
November 17, 2023
Five New Labor Rules Executives Need to Track
By Ann Wilson, Senior Vice President, MEMA, The Vehicle Suppliers Association

A reshaping of the workplace landscape is on the horizon with the introduction of five pivotal labor regulations that business owners need to have on their radar.
Redefining Overtime
The overtime minimum salary threshold is set to increase substantially from the current $35,568 to $55,068. For perspective, an attempt during the Obama administration targeted a $47,500 threshold, but it was not ratified. Additionally, this salary figure will be adjusted every three years, benchmarked against the 35th percentile of earnings in the lowest-wage Census Region.
OSHA’s Enhanced Walkaround Rule
The new directive allows union representatives to accompany OSHA inspectors during their rounds, even in environments without an established union.
Shifts in the NLRB Joint Employer Rule
The NLRB Joint Employer Rule from 2020 is being replaced. Previously offering a narrow perspective on joint-employer status, the new rule is anticipated to broaden the scope of joint-employer liability. This change may affect how businesses choose to engage in collaborations and partnerships.
Accelerated Ambush Election Rule
Beginning December 26, 2023, the Ambush Election Rule will take effect. The rule’s primary objective is to accelerate the union election process, with changes ranging from faster elections to more streamlined pre-election challenges.
The CEMEX Decision’s Impact
Lastly, the CEMEX Decision is set to redefine union recognition. This verdict facilitates unions in prioritizing card checks over traditional secret ballot elections. They can now demand recognition if they claim majority support, bypassing the earlier need for an NLRB election petition.
These labor rule updates signal a stronger shift toward facilitating union activities and providing employees with enhanced rights and benefits. Executives should anticipate a need for greater adaptability in HR practices, increased engagement in labor relations, and a thoughtful approach to business partnerships.