Labor & Employment Administrative Agency Elections & Politics

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Obama Raises Minimum Wage For Federal Contractors

In his fifth State of the Union speech, President Obama announced that he planned to issue an executive order raising the minimum wage for workers under new federal contracts to $10.10 per hour, up from the current federal...more

U.S. Health and Safety Law: Inspections and Investigations During the Shutdown

Last night, Congress failed to reach an agreement to continue funding government operations beyond the end of Fiscal Year 2013. The federal government is, consequently, in the process of shutting-down a significant portion of...more

Lawsuit for a Retaliatory or Discriminatory Firing under the Labor Code May Not Be Filed Until After Fired Employee Completes...

After complaining about a supervisor smoking in the office, an employee of the State Assembly was fired. Believing the firing was motivated by his complaint, the employee filed a lawsuit against the Assembly, claiming...more

Court Clears Way For Case Against CalPERS, Judicial Council & Prison Healthcare Receiver

Nearly two years ago, Mr. Daniel E. Francis filed a petition for writ of mandamus against CalPERS and other based on allegations that the penstion fund had laundered the salary of the receiver appointed by the U.S. District...more

Employment Law Blog: The Continuing Saga of the NLRB Recess Appointments and Fallout

On January 25, 2013, the United States Court of Appeals for the D.C. Circuit published an opinion in Noel Canning v. National Relations Board, Case No. 12-1115. The case arose out of a dispute between employer Noel Canning, a...more

Senator Introduces Bill To Freeze NLRB Decisions

Hundreds of National Labor Relations Board (“NLRB”) actions, many of which make it easier for workers to unionize, would be frozen or invalidated under legislation proposed this week by Sen. John Barrasso (R-Wy)....more

CFPB Powers Could Be Invalidated Following Ruling on NLRB Recess Appointments

On January 25, 2013, the U.S. Court of Appeals for the D.C. Circuit ruled that President Obama’s purported “recess appointments” to the NLRB last year are constitutionally invalid....more

DC Circuit Court of Appeals Throws Out Recess Appointments to the NLRB

In a stunning rebuke to President Obama, the District of Columbia Circuit Court of Appeals declared the President’s recess appointments to the National Labor Relations Board as unconstitutional. The ruling could have...more

Canning v. National Labor Relations Board

Obama NLRB Recess Appointments Unconstitutional (Text Copy)

Full text copy of the District of Columbia Court of Appeals ruling in Canning v. National Labor Relations Board, which found President Obama’s recess appointments of three members to the NLRB in January 2012 to be...more

Secretary of Labor Hilda Solis Announces Her Resignation

U.S. Department of Labor Secretary Hilda L. Solis announced her resignation in a letter to Department of Labor (DOL) employees on January 9, 2013. Just 12 days before the ceremonial swearing-in of President Barack Obama for a...more

D.C. Court of Appeals may soon invalidate President Obama’s NLRB recess appointments: implications for CFPB

Earlier today, we reported on the panel discussion of the lawsuit filed by State National Bank of Big Spring that took place at the ABA Committee on Consumer Financial Services in Naples, Florida during a session entitled...more

New Law Expands “In-Plan” Roth 401(k) Conversions

The American Taxpayer Relief Act of 2012 (the "fiscal cliff" bill) allows employers to amend 401(k), 403(b) and governmental 457(b) plans to permit participants to convert pre-tax account balances to Roth account balances. ...more

A Soft Landing From The Fiscal Cliff For Employee Benefits

Well, Congress in the season of giving has provided plan sponsors and participants with multiple beneficial opportunities to start 2013. Congress passed the American Taxpayer Relief Act of 2012 (H.R. 8), also known as the...more

Fiscal Cliff Bill Includes Commuter Tax Benefits

The American Taxpayer Relief Act of 2012 (the “Act”), signed on January 3, increases the pre-tax contribution that commuters may make towards van pools as well as transit passes....more

Supreme Court’s Next FCA Whistleblower Case?

Imagine you own a company that does business with a federal agency. The company’s contract with the agency specifies that the company will deliver widgets of a particular quality....more

Patton Boggs Insights - December 2012: Administrative/Congress: Post-Election Avalanche Of Rules Could Be Coming

In the face of strong criticism by the business community that regulations were holding back the economy and job creation, in 2011 the White House began putting the brakes on numerous initiatives that were working their way...more

Do Employers Need Policy Reviews Following The Election?

The election is over, so now what? Elections have consequences, and the consequence of this election for employers' employment policies is breathtaking. Have an arbitration policy? It is likely unenforceable. Rules protecting...more

Legislative Update: Legislature Addresses Gifted And Talented Program, Indirect Cost Rates, Educational Placement Of Foster...

KMTG is continuing our series reviewing new legislation. Unless noted otherwise, the new laws take effect January 1, 2013. Gifted & Talented Program — AB 2491 - Current law evidences the Legislature’s intent to...more

Michigan Poised To Become A “Right-To-Work” State

Yesterday, the Michigan House and Senate each passed right-to-work legislation amid tumultuous protest by union supporters. Governor Snyder (R) has said that he will sign the bills, which could occur as early as Tuesday. He...more

Oral argument held in case challenging NLRB recess appointments

Yesterday, the U.S. Court of Appeals for the D.C. Circuit heard oral arguments in Noel Canning v. National Labor Relations Board. The outcome in the case could have implications for the validity of CFPB Director Cordray’s...more

Obama's Mark on Employment Law - What do Employers Have to Look "Forward" To in the Next Four Years?

Now that the frenzy of the election has died down, Florida has counted its votes, and the major media outlets have moved on from dissecting party rhetoric, the question remains: What does Obama's reelection mean for the...more

NLRB Developments Post-Election – What The Future May Hold In Labor Relations

Now that the election is over, one of the main questions being asked is, what next? We recently held a Webinar entitled ”The Latest at the NLRB and Post-Election Developments” to address this question. It seems clear that...more

Legal Alert: Congress Approves Legislation Expanding Federal Whistleblower Protection Act

Executive Summary: On November 14, 2012, the Senate passed the Whistleblower Protection Enhancement Act (WPEA) of 2012. The House previously approved the Act, and President Obama is expected to sign it into law. The Act...more

El Congreso de México Aprueba la Iniciativa de Reforma a la Ley Federal del Trabajo: Qué Impacto Tendría la Reforma Para las...

Después de mucho debate ante las Cámaras de Diputados y Senadores, con manifestaciones públicas de apoyo y rechazo, el día 13 de noviembre de 2012, el Congreso aprobó la iniciativa de reforma a la Ley Federal del Trabajo...more

Mexico's Congress Approves Initiative to Reform the Labor Law: What the Reform Will Mean for Employers with Operations in Mexico

After much debate before Mexico's House of Representatives and Senate, as well as public demonstrations both in support and in opposition, on November 13, 2012, Congress approved an initiative to reform the Federal Labor Law...more

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