Dept. of Labor and the Law of Unintended Consequences


I’m giving them the benefit of the doubt that this consequence would be unintended.  As corrupt and dishonest as the Obama administration is, I’m not sure they have the benefit coming, but since I’m a generous sort of person…

Any law that penalizes activities which could “indirectly” “implicitly” affect employees is giving WAY too much power to bureaucrats.  Those terms give enough room for error that a business could be penalized for any transactions with another business. At my job, we regularly get donuts and snacks just for the fun of it. Those “perks” will be reportable under this crazy rule.

Worse than that, though, this regulation gives the bureaucrats the right to post an online database of workers that the unions fondly refer to as “scabs.”  What could go wrong?

Yesterday, information was shared with you about the importance of submitting a comment by Wednesday on the Department of Labor’s proposed regulatory change on who would be newly classified as ‘persuaders.’

There has been one sentence, more than others, in the Department of Labor’s 160-page proposed rule change that indicates the DOL’s expansion of the definition of ‘persuader’ to mean just about any vendor who has anything to do directly or indirectly with an employer’s relationship with employees since activities may implicitly influence the decisions of employees with regard in the exercise of their rights in the workplace.

Until now, however, one part of the sentence has been overlooked which, unless addressed, may cause individuals great harm—literally, physical harm.


One of the problems that unions have had for years is that their effectiveness to wage successful strikes has been diminished because employers choose to operate their businesses through the use of outsourcing or the hiring of replacement workers. While much of the blame has been aimed at Ronald Reagan’s use of Jimmy Carter’s strike plan during the air traffic controllers’ strike, the reality is, since 1938, employers have always had the right to permanently replace economic strikers. While employers do not always choose to permanently replace strikers, many employers do hire temporary replacement workers during strikes.

For example, on Thursday, up to 23,000 registered nurses in California will be striking 34 hospitals. Those hospitals that choose to operate will be bringing replacement nurses in to run their facilities.  Those replacement nurses are likely independent contractors hired by firms contracted by the hospitals to help them tend to their patients.


Despite Barack Obama’s campaign promise to ban the use of permanent replacement workers, it would require legislation in Congress to do so. This won’t likely occur any time soon. Therefore, his union cronies at the Department of Labor may have devised a more devious strategy, which is to make the replacement workers themselves targets for union retaliation.

Under the Department of Labor’s proposal, not only will the firms that supply replacement workers like be required to file reports with the Department of Labor, it is highly likely that the Department of Labor will require the replacement workers themselves have to file with the DOL, which will then make the information public, on the internet, for union bosses (and others to view).

The filing form (see below), would require the independent contractor’s name, as well as address, and the requirement is that they file within 30 days of being contracted to do the work. [copy of form at site]

After the sunshine and roses Trumka spread at his Labor Day speech and the stupid stunts they pulled in WI, you don’t doubt that these goons would resort to violence, do you?  And you’ll get to rely on the same Justice Department that ignored the Black Panthers threatening voters to enforce your rights.  Great.

Now go comment. Follow the link. Comment. Tell them they suck rotten eggs. Tell them to pound sand. Tell them exactly what you think of the law in whatever terms you’d like to use. The deadline is Wednesday, September 21. Don’t just sit there and ignore the crazy crap Obama is trying to slip into place. If we won’t fight for our freedoms, no one will.

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Queen Hotchibobo
I was born in Saginaw, Michigan, and I grew up in a house on Saginaw Bay. My daddy was a poor, hardworking Saginaw fisherman. Too many times he came home with too little pay.

Naw, not really, but it sounds more interesting than the real bio, so there you are.

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September 20, 2011 10:58 pm

Well, I stirred the pot: Answer me this question. Since when does the United States of America advocate a miniscule group of people holding the power over a nation on who can or cannot work under what circumstances? No one should live in fear of having life, limb or family threatened by badly made rules which only benefit a few. When you really look at it, the unions and their government backers appear to be creating a nation of slaves and slave holders. Power, Control and the looting of this nation’s wallets and future. Should you continue on this track,… Read more »

September 20, 2011 11:20 pm

There is a Department in the Executive Branch that has a basis in law for obtaining and maintaining my personal information and information relating to my personal employment. That Department is *not* the Department of Labor. Cease and desist.

September 21, 2011 12:16 am

People will be physically hurt because of this