The Trump administration, in response to a lawsuit filed by Harvard University and Massachusetts Institute of Technology, as well as several other suits, agreed to rescind its surprise Immigration and Customs Enforcement...more
7/16/2020
/ Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
F-1 Visa ,
Foreign Students ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
M-1 Visa ,
Non-Immigrant Visas ,
SEVP ,
Trump Administration ,
USCIS ,
Visas
Despite Big SCOTUS Win For Dreamers, President Trump Continues to Restrict Immigration Through Executive Action. As we noted here, just last week, SCOTUS issued its opinion in Department of Homeland Security v. Regents of...more
6/29/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Disparate Impact ,
Fair Labor Standards Act (FLSA) ,
H-1B ,
H-2B ,
J-1 Visas ,
L-1 Visas ,
Legislative Agendas ,
Liquidated Damages ,
Non-Immigrant Visas ,
Pending Litigation ,
Personal Protective Equipment ,
Quarantine ,
Re-Opening Guidelines ,
Trump Administration ,
WARN Act
SCOTUS Drops Decisions of Import to Employers. As you may have heard, last week, the Supreme Court of the United States announced decisions in Department of Homeland Security v. Regents of Univ. of Cal., and Bostock v....more
6/24/2020
/ Altitude Express Inc v Zarda ,
Americans with Disabilities Act (ADA) ,
Bostock v Clayton County Georgia ,
Coronavirus/COVID-19 ,
DACA ,
Department of Homeland Security v Regents of the University of California ,
EEOC v RG & GR Harris Funeral Homes ,
ENDA ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
LGBTQ ,
OSHA ,
Re-Opening Guidelines ,
SCOTUS ,
Sexual Orientation Discrimination ,
Title VII ,
Trump Administration
An Exercise in Listening: Bipartisan Effort to Revamp the PPP. As we have noted here, here, and here, the PPP is simultaneously the most used and the most contentious provision in the CARES Act. ...more
5/22/2020
/ Administrative Appointments ,
Bonuses ,
CARES Act ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Essential Workers ,
FEMA ,
Good Faith ,
Legislative Agendas ,
NLRB ,
OSHA ,
Paycheck Protection Program (PPP) ,
Re-Opening Guidelines ,
Trump Administration
Administration Issues Meat-Packing Executive Order Falling Short of Original Plan. On April 28, President Trump issued an Executive Order entitled “Executive Order on Delegating Authority under the DPA with Respect to Food...more
5/4/2020
/ Agribusiness ,
COBRA ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Farm Animals ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Food Supply ,
Health Insurance ,
Layoffs ,
OSHA ,
Poultry ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Trump Administration ,
WARN Act ,
Workplace Safety
On April 16, 2020, the Trump Administration issued Guidelines entitled “Opening Up America Again” to help ease the Nation’s economy into reactivity and recovery from the COVID-19 crisis. ...more
4/17/2020
/ Coronavirus/COVID-19 ,
Employee Benefits ,
Employer Responsibilities ,
Health and Safety ,
Human Resources Professionals ,
Infectious Diseases ,
Paid Leave ,
Personal Protective Equipment ,
Public Health ,
Re-Opening Guidelines ,
Remote Working ,
Shelter-In-Place ,
Sick Leave ,
State and Local Government ,
Trump Administration ,
Unemployment Benefits ,
Virus Testing ,
Wage and Hour ,
Workplace Safety ,
Wrongful Death
Seyfarth Synopsis: The Families First Coronavirus Response Act (“FFCRA” or the “Act”) goes into effect tomorrow April 1, 2020. As covered employers prepare for the Act’s paid sick time (“PST”) and paid family medical leave...more
3/31/2020
/ CARES Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
EFMLA ,
Employer Liability Issues ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Financial Stimulus ,
Healthcare Facilities ,
Inspections ,
New Legislation ,
Paycheck Protection Program (PPP) ,
Relief Measures ,
SBA Lending Programs ,
Sick Leave ,
Sick Pay ,
Tax Credits ,
Trump Administration
Senate Passes Historic $2 Trillion COVID-19 Legislation; House to Vote on the Same Tomorrow. As you are well aware, the Senate last night unanimously passed a $2 trillion financial relief package, the Coronavirus Aid, Relief,...more
3/27/2020
/ CARES Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Financial Stimulus ,
Healthcare Facilities ,
Inspections ,
New Legislation ,
Paycheck Protection Program (PPP) ,
Relief Measures ,
SBA Lending Programs ,
Sick Leave ,
Sick Pay ,
Tax Credits ,
Trump Administration
Seyfarth Synopsis: The Families First Coronavirus Response Act (“FFCRA” or the “Act”) continues to evolve as we march closer to the Act’s April 1, 2020 effective date. Most recently, the Senate passed H.R. 748, its...more
Seyfarth Synopsis: As reported in Part II of our “Paid Leave and Coronavirus” series, the U. S. House of Representatives (the “House”) passed the Families First Coronavirus Response Act (“HR 6201” or the “Bill”) in the early...more
Seyfarth Synopsis: As the country continues to adjust to new realities created by the 2019 Novel Coronavirus disease, also known as COVID-19, the U. S. House of Representatives passed the Families First Coronavirus Response...more
3/17/2020
/ China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Health and Safety ,
Infectious Diseases ,
Legislative Agendas ,
Paid Time Off (PTO) ,
Public Health ,
Sick Leave ,
Sick Pay ,
Trump Administration ,
Wage and Hour ,
Workplace Safety
Congress Approves $8.3 Billion Coronavirus Emergency Funding. The Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (H.R. 6074) is headed for the President’s desk. Among other things, the bill...more
3/16/2020
/ Administrative Appointments ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Emergency Response ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Funding ,
Federal Labor Laws ,
Health and Safety ,
Infectious Diseases ,
Legislative Agendas ,
NLRB ,
Pending Legislation ,
Public Health ,
Sick Leave ,
Trump Administration ,
Wage and Hour
In the wake of the impeachment proceedings, the State of the Union, the Administration’s budget proposal, and the initial rounds of the battle to see who gets the Democratic Presidential nomination, it’s been pretty quiet on...more
2/21/2020
/ #MeToo ,
Cannabidiol (CBD) oil ,
Department of Transportation (DOT) ,
Federal Labor Laws ,
Impeachment ,
Labor Law Violations ,
Labor Reform ,
Labor Regulations ,
Legislative Agendas ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Political Campaigns ,
Political Candidates ,
Presidential Elections ,
Regulatory Agenda ,
Rest and Meal Break ,
Sexual Harassment ,
State Labor Laws ,
Trucking Regulations ,
Trump Administration ,
Wage and Hour
All the President’s Budget. As you know, the Trump Administration’s FY2021 budget was submitted to the Congress last week. While effectively only a blueprint for future negotiations with Congress--particularly since it is the...more
2/21/2020
/ Caseloads ,
Congressional Investigations & Hearings ,
CW-1 ,
Data Collection ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Federal Budget ,
H-1B ,
H-2A ,
H-2B ,
Immigration Reform ,
Judicial Appointments ,
Legislative Agendas ,
Pay Data ,
Pay Discrimination ,
PERM ,
Prevailing Wages ,
Proposed Legislation ,
Regulatory Agenda ,
Rulemaking Process ,
Training ,
Trump Administration
WHD Rulemakings Full Speed Ahead. This is a busy time for the Wage & Hour Division’s regulatory agenda. Early in the week, the White House approved its final rule updating the regular rate regulations. The updates are...more
12/6/2019
/ Comment Period ,
Compensation & Benefits ,
Data Collection ,
EEO-1 ,
Employee Benefits ,
Employer Liability Issues ,
Equal Pay ,
Family and Medical Leave Act (FMLA) ,
Gender-Based Pay Discrimination ,
Joint Employers ,
Labor Regulations ,
Legislative Agendas ,
Marijuana ,
OFCCP ,
Over-Time ,
Paid Leave ,
Paid Time Off (PTO) ,
Pay Gap ,
Proposed Legislation ,
Rate of Pay ,
Recreational Use ,
Regulatory Agenda ,
Tipped Employees ,
Tips ,
Trump Administration ,
Wage and Hour
Electronic H-2B Notifications Coming Soon. The Departments of Labor and Homeland Security issued a final rule modernizing the recruitment requirements under the H-2B program. Specifically, the Departments have eliminated the...more
11/18/2019
/ Apprenticeships ,
Congressional Investigations & Hearings ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Federal Labor Laws ,
H-2B ,
Job Ads ,
Minimum Salary ,
Minimum Wage ,
Paid Leave ,
Reporting Requirements ,
State Labor Laws ,
Trump Administration
Right of First Refusal EO Revoked. Last week, President Trump issued an Executive Order revoking Executive Order 13495 issued by President Obama in January 2009. EO 13495 required that successor Federal service contractors...more
11/11/2019
/ Administrative Authority ,
Amicus Briefs ,
Bonuses ,
Employee Benefits ,
Employment Contract ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Fluctuating Workweek ,
General Motors ,
Health Care Providers ,
Health Insurance ,
Labor Regulations ,
Legislative Agendas ,
Military Service Members ,
National Interest Waiver ,
NLRB ,
OFCCP ,
Offensive Language ,
Pending Legislation ,
Proposed Rules ,
Regulatory Agenda ,
Retirement ,
Right of First Refusal ,
Rulemaking Process ,
Salaried Employees ,
Section 7 ,
TRICARE ,
Trump Administration ,
Wage and Hour