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
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 November 16, 2016, the U.S. District Court for the Northern District of Texas (Lubbock Division) converted its injunction preventing implementation of the U.S. Department of Labor’s revised persuader rule on a national...more
On June 27, 2016, in National Federation of Independent Business et al. v. Perez, et al., the U.S. District Court for the Northern District of Texas (Lubbock Division) granted Plaintiffs’ Motion for a Preliminary Injunction,...more
National Federation of Independent Business et al. v. Perez, et al.
On June 27, 2016, in National Federation of Independent Business et al. v. Perez, et al., the U.S. District Court for the Northern District of Texas (Lubbock Division) granted Plaintiffs’ Motion for a Preliminary Injunction,...more
6/28/2016
/ Department of Labor (DOL) ,
Disclosure Requirements ,
Fifth Amendment ,
First Amendment ,
Imminent Harm ,
Likelihood of Success ,
LMRDA ,
Persuader Rules ,
Preliminary Injunctions ,
Reporting Requirements ,
Unions
On June 22, 2016, in Labnet, Inc. v. U.S. Department of Labor, the U.S. District Court for the District of Minnesota issued the first decision arising out of three separate lawsuits seeking preliminary injunctions blocking...more
The minimum salary threshold to qualify for the executive, administrative, and professional exemptions to the Fair Labor Standards Act (FLSA) will more than double on December 1, 2016, from $23,660 per year to $47,476 per...more
6/21/2016
/ Anti-Discrimination Policies ,
Anti-Retaliation Provisions ,
Ban the Box ,
Criminal Background Checks ,
Electronic Reporting ,
Employer Mandates ,
Employment Discrimination ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
LMRDA ,
Medical Marijuana ,
Minimum Salary ,
OSHA ,
Over-Time ,
Paid Family Leave Law ,
Paid Time Off (PTO) ,
Persuader Rules ,
Preemption ,
Recordkeeping Requirements ,
Reporting Requirements ,
Unions ,
Wage and Hour ,
White-Collar Exemptions ,
Workplace Injury ,
Workplace Safety
In accordance with the U.S. Department of Labor’s recent public announcement regarding the implementation of its new “persuader activity” rule, all engagements entered into prior to July 1, 2016—including long-term or...more
6/14/2016
/ Attorney-Client Privilege ,
Consultants ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Fifth Amendment ,
Final Rules ,
First Amendment ,
LMRDA ,
Persuader Rules ,
Reporting Requirements ,
Unions
On April 13, 2016, the Office of Labor-Management Standards (OLMS) at the U.S. Department of Labor (DOL) issued a Form LM-21 Special Enforcement Policy announcement. Effective immediately, the policy is suspending the...more
4/18/2016
/ Attorney-Client Privilege ,
Consultants ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Enforcement Guidance ,
Filing Requirements ,
Final Rules ,
Injunctive Relief ,
LMRDA ,
OLMS ,
Persuader Rules ,
Reporting Requirements ,
Union Elections ,
Unions
A federal appellate court recently held that an employer did not violate the Americans with Disabilities Act (ADA) when it discharged an employee who had been sleeping at work and falling short of the employer’s performance...more
4/11/2016
/ ABC Test ,
Americans with Disabilities Act (ADA) ,
Class Action ,
Deferred Action ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Chance Act ,
Fair Share Law ,
Friedrichs v CA Teachers Association ,
Harassment ,
Hiring & Firing ,
Hostile Environment ,
Independent Contractors ,
Justice Scalia ,
Minimum Wage ,
Non-Compete Agreements ,
Persuader Rules ,
Poor Job Performance ,
Posting Requirements ,
Public Employees ,
SCOTUS ,
Sick Leave ,
Union Dues ,
Wage and Hour
On March 23, 2016, the U.S. Department of Labor (DOL) issued final regulations revising the “advice exemption” and requiring employers and consultants (including lawyers) to report labor relations advice and services under...more
3/26/2016
/ American Bar Association (ABA) ,
Attorney-Client Privilege ,
Consultants ,
Department of Labor (DOL) ,
Final Rules ,
LMRDA ,
NLRB ,
Persuader Rules ,
Regulatory Agenda ,
Reporting Requirements ,
Supervisors ,
Trade Associations ,
Unions
Don't look now, but the U.S. Department of Labor’s latest Fall 2015 Semiannual Regulatory Agenda advances the controversial proposed revisions to the "persuader activity" reporting requirements under the Labor-Management...more
On Friday, May 23, 2014, the White House, through its executive branch and other federal agencies, issued the Spring 2014 edition of the Semiannual Regulatory Agenda. Published twice a year, the agencies’ regulatory agendas...more
6/4/2014
/ Affirmative Action ,
Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
HUD ,
Minimum Wage ,
NLRB ,
Obama Administration ,
OFCCP ,
OMB ,
Persuader Rules ,
Proposed Regulation ,
Regulatory Agenda ,
Unions ,
Unpaid Overtime ,
Wage and Hour
In This Issue:
- Harassment. Are your executive training programs effective?
- State Round-Up. Learn about the latest employment law news in your state
- Unions. Harold Coxson and Baker Wyche discuss the new...more
12/11/2013
/ Americans with Disabilities Act (ADA) ,
Compliance ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Form I-9 ,
Harassment ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Persuader Rules ,
SCOTUS ,
Sexual Harassment ,
Termination ,
Training