Labor & Employment Elections & Politics

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.
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California Bill Puts Employers Smack in the Middle of National Immigration Debate

Since the election of President Trump, the California Legislature has been vocal and active in efforts to resist announced or anticipated actions of the Trump administration. This includes efforts to make California a...more

Benefits Litigation Update – Spring 2017

Welcome to the Spring edition of Benefits Litigation Update, brought to you by The ERISA Industry Committee (ERIC) and the law firm Epstein Becker & Green. As a new Congress, and a new executive branch, work on major...more

Finally! Government Contractor Blacklisting EO and Implementing Regulations Bite the Dust . . Perhaps Forever!

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

The Affordable Care Act is here to stay

In the last few weeks we have talked to hundreds of employers about the American Health Care Act (AHCA), which was proposed in the U.S. House of Representatives on March 6. Many of you have asked about the AHCA, how it might...more

Construction E-Note - March 2017

In an article published on March 10, 2017 by Construction Executive, Meghan Cox provides guidance on how businesses can reduce the risks associated with violence in the workplace and how businesses should handle this violence...more

President Trump Revokes Government Contracting Executive Orders And Signs Disapproval Resolution of “Blacklisting” Regulations

Seyfarth Synopsis: Yesterday, President Trump issued an Executive Order revoking President Obama’s “Blacklisting” Executive Orders pertaining to the government contracting community. The President also signed the joint...more

The Future of the Affordable Care Act Week 8: An Employer’s Guide to the Collapse of the American Health Care Act (Spoiler...

The stunning failure of the U.S. House of Representatives to pass the American Health Care Act (AHCA) (which we previously reported on here) has political and policy implications that we cannot forecast. Nor it is it clear to...more

Ding Dong the Regulation’s Dead! – Trump Finalizes Statutory Repeal of the Fair Pay and Safe Workplaces Rule

As we previously reported, Congress has taken its final steps in repealing Obama’s Fair Pay & Safe Workplaces rule, one of the most controversial rules enacted by the Federal Acquisition Regulatory (FAR) Council under...more

Affordable Care Act Survives Again; Repeal and Replace Bill Withdrawn

As has been widely reported, proponents of the American Health Care Act withdrew the bill from consideration before the full House of Representatives could vote on it last Friday. Early statements suggest there is no...more

Issue 107: House Pulls AHCA Minutes After Expected Vote - Future of Repeal Efforts Uncertain

This is the one hundred and seventh issue in our series of alerts for employers on selected topics on health care reform. This series of Health Care Reform Management Alerts is designed to provide an in-depth analysis of...more

Blacklisting Rules Blocked By Trump’s Signature

Obama Administration’s Fair Pay And Safe Workplaces Rule Falls Victim To Congressional Disapproval Resolution Today, President Trump signed his approval to a joint resolution passed by Congress disapproving of Executive...more

Proposed Employee Wellness Legislation Might Undermine Protections of GINA

Employees who don’t want to disclose genetic information about themselves and their families to their employers may have to pay a stiff price for that privacy in the future. The Preserving Employee Wellness Programs Act (H.R....more

Federal Contractors and Sub-contractors Win in Rollback of "Blacklisting" Rule

President Trump signed a Congressional Review Act resolution that rolled back the Fair Pay and Safe Workplaces Act, which would have required bidders for federal contracts to disclose their alleged labor and employment law...more

Getting Fit at Work: The Ongoing Battle Over Employer-Sponsored Wellness Programs

The History of Employer-Sponsored Wellness Programs - With the Affordable Care Act’s explicit encouragement, it is no surprise that employer-sponsored wellness programs have been on the rise. However, they have come up...more

Supreme Court Invalidates Action taken by Former NLRB General Counsel

The National Labor Relations Board’s General Counsel is an important position. The General Counsel is, among other things, the NLRB’s chief prosecutor and sets the Agency’s prosecutorial agenda. The GC is appointed by the...more

President Signs Resolution to Undo "Blacklisting" Rule

On March 27, 2017, President Trump signed a joint resolution of disapproval (H.J. Res. 37) to block the rule implementing Executive Order 13,673, Fair Pay and Safe Workplaces, otherwise known as the "blacklisting" rule. The...more

Supreme Court Update: SCA Hygiene Products V. First Quality Baby Products (15-927), NLRB V. Southwest General (15-1251) And Manuel...

This week, while a potential ninth justice lectured the Senate Judiciary Committee on everything from fly fishing to "mutton busting" (but not on the age-old question of whether one horse-sized duck or 100 duck-sized horses...more

Confirmation Expected For Secretary of Labor Nominee Following Committee Hearing

Following the withdrawal of previous nominee Andy Puzder, the President quickly named former National Labor Relations Board Member and current law professor Alex Acosta to serve as Secretary of Labor. On Wednesday, March 22,...more

Health Care Reform Update – American Health Care Act Shelved

The American Health Care Act (“AHCA”), the legislation intended to “repeal and replace” the Affordable Care Act (“ACA”), was shelved on Friday, March 24, 2017, ending for now efforts to repeal the ACA. The AHCA, described in...more

Gorsuch’s Alleged Cold Heart: What the 10th Circuit’s Decision Regarding the Freezing Trucker and Gorsuch’s Dissent Means for...

Tenth Circuit Judge and U.S. Supreme Court Nominee Neil Gorsuch was on thin ice during his senate hearing for his dissent in TransAm Trucking, Inc. v. Admin. Review Bd., United States DOL, 833 F.3d 1206 (10th Cir....more

The ACA Survives…Again

We feel like a broken record, because we’ve said it before: the Affordable Care Act is still here. We said the same thing after each of two Supreme Court challenges to central portions of the law, both of which (in 2012 and...more

US Department of Labor Proposes Extension to Fiduciary Rule Applicability Date

The US Department of Labor proposed to extend the applicability dates of the fiduciary rule and related exemptions, including the Best Interest Contract Exemption, from April 10, 2017 to June 9, 2017....more

OSHA’s Attempt to Expand Citation Statute of Limitations Thwarted by Congressional Review Act Senate Vote

On March 22, 2017, the Senate, by a vote of 50-48, passed a House of Representatives’ resolution which overturned the OSHA Rule seeking to expand the statute of limitations period for citations it issues to...more

Congress has Voted to Kill OSHA’s “Volks Rule – So What Does that Really Mean?

If one listens to various Democrat and labor talking heads, you would think that Congress has rolled back 40 years of worker protections by passing a resolution killing the new OSHA rule, which permitted OSHA to cite...more

Is This The Year for Real PAGA Reform? – Don’t Hold Your Breath

Over the last several years, the level of employer complaints about PAGA has reached a deafening crescendo. For some time now, employers have expressed deep concern about abusive litigation tactics and “extortionate” PAGA...more

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