A little-known but crucial position at the U.S. Department of Labor (DOL)—the director of the Office of Labor-Management Standards (OLMS)—was finally filled on July 9, 2018, by Arthur F. Rosenfeld, an experienced former...more
The recent split decision of the National Labor Relations Board (NLRB) in Circus Circus Casinos, Inc., 366 NLRB No. 110 (June 15, 2018), is a reminder that the validity of an employee’s request for Weingarten assistance at an...more
On May 9, 2018, the U.S. Department of Labor (DOL), the National Labor Relations Board (NLRB), and the U.S. Equal Employment Opportunity Commission (EEOC) released their spring 2018 regulatory agendas. There were a few...more
5/10/2018
/ Apprenticeships ,
Browning-Ferris Industries of California Inc. ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Joint Employers ,
NLRB ,
NPRM ,
OSHA ,
Regulatory Agenda ,
Wage and Hour
On March 23, 2018, the last day before a potential government shutdown, Congress passed and the president is expected to sign a massive $1.3 trillion omnibus spending bill to fund the federal government through fiscal year...more
3/23/2018
/ Browning-Ferris Industries of California Inc. ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Federal Aviation Administration (FAA) ,
Federal Budget ,
Joint Employers ,
NLRB ,
OFCCP ,
OSHA ,
Preemption ,
Rest and Meal Break ,
Tip-Pooling ,
Wage and Hour
On February 12, 2018, the White House released its fiscal year 2019 (FY 2019) budget plan and sent it to Capitol Hill just a week after signing a two-year budget deal lifting the spending caps for 2018 and reopening the...more
On September 28, 2017, the Supreme Court of the United States announced that it will grant certiorari in a case that will test the constitutionality of requiring mandatory payment of “fair share” union dues to be paid by...more
On September 15, 2017, the White House announced that President Trump has nominated Peter B. Robb, a management-side labor and employment lawyer with a firm based in northern New England, to be the general counsel at the...more
September 25, 2017, marks a significant turning point in the recent saga of the National Labor Relations Board (NLRB). Eight months into the Trump administration, the U.S. Senate confirmed William J. Emanuel to fill the...more
August 11, 2017, was the deadline for interested parties to submit comments regarding the U.S. Department of Labor’s (DOL) proposal to formally rescind its controversial persuader rule, which was issued in 2016 under the...more
8/16/2017
/ Collective Bargaining ,
Comment Period ,
Department of Labor (DOL) ,
Final Rules ,
Injunctions ,
LMRDA ,
NPRM ,
Obama Administration ,
Permanent Injunctions ,
Persuader Rules ,
Reporting Requirements ,
Trump Administration ,
Unions
THE TIME IS RIGHT FOR . . . OSHA’S YEARLY SUMMER HEAT CAMPAIGN -
On June 26, 2017, the Occupational Safety and Health Administration (OSHA) announced the return of its heat illness prevention campaign: Water. Rest. Shade....more
8/4/2017
/ Administrative Interpretation ,
Ban the Box ,
Criminal Background Checks ,
Defend Trade Secrets Act (DTSA) ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
H-1B ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Minimum Salary ,
Misappropriation ,
New Legislation ,
Opinion Letter ,
OSHA ,
Over-Time ,
Paid Time Off (PTO) ,
Persuader Rules ,
Sick Leave ,
Trade Secrets ,
Wage and Hour ,
Wage Theft ,
White-Collar Exemptions ,
Workplace Injury ,
Workplace Safety
On July 13, 2017, President Donald Trump announced the nomination of 11 new judicial appointments to federal courts throughout 5 states—Alabama, Georgia, North Carolina, Oklahoma, and Tennessee. The nominees include a...more
The U.S. Department of Labor (DOL) moved one step closer to undoing President Obama's permanently enjoined “persuader activity” regulation when, on June 12, the agency issued a notice of proposed rulemaking (NPRM) for reverse...more
6/29/2017
/ Attorney-Client Privilege ,
Comment Period ,
Corporate Counsel ,
Department of Labor (DOL) ,
LMRDA ,
NLRB ,
NPRM ,
Obama Administration ,
Permanent Injunctions ,
Persuader Rules ,
Protected Concerted Activity ,
Rulemaking Process ,
Taft-Hartley Act ,
Unions
On April 27, 2017, the United States Senate confirmed the nomination of Rene Alexander "Alex" Acosta as the nation’s 27th U.S. Secretary of Labor by a bipartisan final vote of 60-38. Eight Democrats and one independent joined...more
It's official. On March 27, 2017, President Trump signed the Congressional Review Act (CRA) resolution (H.J. Res. 37) invalidating the regulations that implemented President Obama’s Fair Pay and Safe Workplaces Executive...more
On March 6, 2017, on a narrow straight party line vote of 49–48, the U.S. Senate passed a Congressional Review Act (CRA) Joint Resolution of Disapproval, which moots Executive Order (EO) 13673, "Fair Pay and Safe...more
On February 24 , 2017, a two-member majority (Members Mark Gaston Pearce and Lauren McFerran) of the National Labor Relations Board, over the dissent of Acting Chairman Philip Miscimarra, struck down yet another handbook...more
Within less than 24 hours following the withdrawal of Andrew Puzder, President Trump’s first choice to fill the position of Secretary of Labor, the president announced at a press conference on Thursday, February 16 that his...more
It’s not quite time for federal contractors to pop the cork and pour the champagne, but it may be time to get out the flutes and chill a bottle.
The new Congress has taken the first step toward extinguishing the...more
On January 31, President Donald Trump announced his choice to fill the Supreme Court of the United States vacancy created by the death of the late Associate Justice Antonin Scalia: Judge Neil M. Gorsuch, from the U.S. Court...more
On January 26, President Donald Trump announced the designation of current National Labor Relations Board Member Philip Miscimarra as the Board's Acting Chairman, replacing former Board Chairman Mark Gaston Pearce. Miscimarra...more
On January 23, 2017, in his first full weekday in office, President Donald Trump fulfilled a campaign promise by signing a presidential memorandum taking executive action formally withdrawing the United States from the...more
One year ago, few people outside of candidate Donald Trump and his closest and most loyal supporters imagined that January 20, 2017, would mark his inauguration as the 45th president of the United States. Regardless, today an...more
On January 3, 2017, the 115th U.S. Congress opened with Republican majorities in both houses:
..U.S. Senate: 52 Republicans and 46 Democrats and 2 Independents who Caucus with the Democrats
..U.S. House of...more
Today, President-elect Donald Trump announced Andrew Franklin (Andy) Puzder, 66, chief executive officer of CKE Restaurants, as his choice for Secretary of the U.S. Department of Labor.
In 2016, Puzder was a Trump...more
The traditional frenetic pace of activity in Washington, D.C., following a presidential election has begun in earnest as transition teams are formed for each federal agency, resumes for the 1,300 newly vacant positions are...more