미국 오바마 정부의 노동개혁

초록

This paper aims to introduce and to review Obama's labor policies. The President had taken a serious views of employment and labor problem. The Obama government continued to make an effort a fair distribution of benefits of economic recovery to all working people, especially to vulnerable workers. The basic goals of Obama labor policies were to raise the voice of workers and the transparency in labor-management relations, to improve safety & healthy in a workplace, and to enlarge the employer's liabilities of large companies using employees employed by other companies and agencies. These were implemented in order to respond strongly against the fissured workplace through contracting, franchising, or supply-chain. In the field of labor-management relations, the National Labor Relations Borad(NLRB) took the lead to reform collective bargaining system. After the failure of the Employee Free Choice Act in the House and the Senate, the NLRB made two important rules concerning with organizing a trade union and transparency in labor-management relation; ‘Union Elections rule’ to modernize representation-case procedures, 2014; ‘new Persuader Agreements rule’ for ensuring transparency in reporting for employers and labor relations consultants, 2015. The NLRB also made two decisions concerning a joint - employer doctrine; the Browning-Ferris decision, 2015 and the Miller & Anderson decision, 2016. The U.S. Department of Labor had got the initiative in reforming for safe workplace and fair payment in the area of individual employment relations. The department favored the increase in the federal minimum wage and overtime pay, but strongly opposed by Republicans in the Senate and House. The White House and the DOL had no choice but making orders or amending rules; Establishing a Minimum Wage for Contractors Executive Order; Fair Pay and Safe Workplaces Executive Order; Federal “Ban-the-Box” Executive Order ; overtime rule(Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees under the Fair Labor Standards Act); fiduciary rule(Conflict of Interest Rule—Retirement Investment Advice). The DOL also made two important ‘Administrator’s Interpretations’ for responding the fissured employment; the Employee Misclassification Administrator’s Interpretation, 2015; the Jonint-Employment Administrator’s Interpretation, 2016.

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