Employment Law This Week®: DOL’s Final Overtime Rule, CA Codifies “ABC Test,” Pay Data Collection Beyond 2018, NLRB’s Busy Summer
DOJ Appeals Ruling on Pay Data Collection - Employment Law This Week® - Trending News
II-26 – Superbowl Concerns, Tax Reform/MeToo, Restrictive Covenant Crimes, and Expanded Religious Discrimination Theories
I-23- Stunning End-Of-Year NLRB Developments: An Extensive Interview With Former NLRB Associate General Counsel Barry Kearney
K&L Gates Triage: Reading the Fine Print: A Closer Look at the Proposed Regulation over Arbitration Clauses in Long-Term Care Resident Agreements
Wireless Legislation on the Way?
Polsinelli Podcast - An International Trade Issue That May Impact Your Business
Polsinelli Podcast - Conducting Business With the Obama Administration
In October 2016, the Obama Administration announced that it would criminally prosecute no-poach and wage-fixing agreements among competitors for talent. Starting in December 2020, through the Trump and Biden Administrations,...more
On March 28, 2025, the Fifth Circuit Court of Appeals vacated its previous ruling that permitted a $15 per hour minimum wage for federal contractors, shortly after President Donald Trump revoked the Biden administration rule...more
Federal contractors, including defense contractors, should prepare for the emergence of new requirements in the coming months that are designed to strengthen software supply chain security, impose more stringent cybersecurity...more
Employers with Federal contracts have experienced unique challenges in the past few years—from navigating the Federal contractor vaccine mandate to new rules related to sick leave and time off. One of the most significant...more
The U.S. Court of Appeals for the Ninth Circuit ruled that the president lacks authority under the Federal Property and Administrative Services Act of 1949 to set a federal contractor minimum wage, creating a split with other...more
To advance the Biden Administration’s promise to be “the most labor friendly administration in history,” on April 1, 2024, OSHA published in the Federal Register its Final Worker Walkaround Representative Designation Process...more
Chemical transport, tank cleaning and transportation depot operators breathed a sigh of relief in March 2024 when the U.S. Environmental Protection Agency (EPA) dropped provisions from a proposed rule when it issued its final...more
A federal judge has struck down final regulations regarding the Deferred Action for Childhood Arrivals program, and the program itself may not survive. The DACA program was established unilaterally in 2012 by an Obama...more
As we previously wrote, five Trump-era changes to the union election process were contested in a lawsuit brought by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO). In a January 2023...more
On July 16, 2023, Climatewire (subscription required) released a peer review letter on EPA’s Social Cost of Greenhouse Gases (SC-GHG), which got a fair bit of press last year, because EPA’s metric was $190/ton, even though...more
In February 2013, during the early months of the second term of the Obama administration, a standard interpretation related to Occupational Safety and Health Act regulations at 29 C.F.R. § 1903.8(c) that later became known as...more
EPA’s long-awaited proposal would set aggressive emission reduction targets with many different approaches and timelines to achieve them. On May 11, 2023, the US Environmental Protection Agency (EPA) released its...more
The U.S. Court of Appeals for the Fifth Circuit on April 5, 2023, dismissed the state of Louisiana's challenge to federal agencies use of the "social cost of greenhouse gases" in federal decision making.1 Several...more
In January 2023, the Occupational Safety and Health Administration (OSHA) revived a rule that would permit worker-designated representatives to accompany OSHA during the inspection process, regardless of whether the...more
On January 17, the U.S. Court of Appeals for the District of Columbia Circuit struck down certain Trump-era changes to the rules by which the National Labor Relations Board (NLRB) administers union elections. As...more
On December 14, 2022, the National Labor Relations Board (NLRB or the Board) issued a decision in American Steel Construction, Inc., in which a 3-2 Board majority threw out the Trump-era standard used to determine whether a...more
Overview - On November 28, the Department of the Interior’s (DOI) Bureau of Land Management (BLM) released its proposed methane rule. This action furthers the Biden-Harris administration’s whole-of-government response to...more
A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has affirmed a lower court ruling that the Deferred Action for Childhood Arrivals program is invalid. According to the appeals court, the DACA program was...more
On October 5, 2022, in a disappointing but not unexpected ruling, the Fifth Circuit affirmed the ruling by a Texas judge that vacated the Obama administration’s Deferred Action for Childhood Arrivals (DACA) program and barred...more
The Trump-era National Labor Relations Board (the “Board”) “made multiple overlapping errors” in determining that Browning-Ferris Industries of California, Inc. (“BFI”) does not have a duty to bargain with the...more
The Federal Railroad Administration (FRA), the federal agency that regulates rail safety, introduced a Notice of Proposed Rulemaking (NPRM) on July 28, 2022, that addresses the number of employees required to operate a train,...more
On the last day of its 2022 term, the Supreme Court curtailed the Environmental Protection Agency’s ability to cut carbon emissions from the nation’s power plants. The court held that the “generation shifting”...more
On Friday, June 30, the U.S. Supreme Court issued its opinion in West Virginia v. EPA resolving the seven-year debate over the Environmental Protection Agency’s statutory authority to promulgate the President Obama-era Clean...more
On May 26, the U.S. Supreme Court ruled to allow the Biden administration to continue using the social cost of carbon estimates in its regulatory analyses, developed pursuant to an executive order from President Joe Biden. ...more
The U.S. Department of State announced on May 16, 2022, a series of measures aimed at supporting the Cuban people and independent Cuban entrepreneurs and loosening Trump-era restrictions that largely isolated the island and...more