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Labor & Employment Administrative Agency

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

Labor Relations Update: New NLRB General Counsel Poised to Undo Obama-Era Precedents

Senate Republicans recently confirmed William Emanuel, the second Trump nominee to the five-member National Labor Relations Board (the “Board”), giving the Board a Republican majority for the first time since 2007. Mr....more

The Devil Is In the Details: New Board Members Likely To Change Law In Nuanced Ways

by Proskauer - Labor Relations on

The end of September in most years sees a spate of new NLRB decisions, sometimes dozens, issued on or about September 30, to coincide with the end of the agency’s fiscal year. Not so this past September 30 because of the...more

A Conversation on CMS’ Emergency Preparedness Compliance for Healthcare Providers

by Carlton Fields on

Hurricane Irma recently wreaked havoc on the Caribbean and much of the state of Florida. In the storm's aftermath, ten residents of a South Florida nursing facility died because the facility lost power, and did not have...more

Senate Confirms Emanuel to NLRB, 3-2 Republican Majority Signals Potential Changes on the Way

As covered earlier by HR Legalist, the Trump Administration was expected to make changes to labor and employment law through appointments to federal agencies, including the EEOC and the National Labor Relations Board (NLRB)....more

Senate Confirms Second Trump NLRB Pick

by Ballard Spahr LLP on

The Senate voted 49-47 yesterday to confirm William Emanuel to fill a vacant seat on the National Labor Relations Board (NLRB), the independent agency tasked with administering federal labor law in the private sector. Mr....more

Mexico: Various Governmental Authorities Declare Non-Working Days Due to Earthquake

by Littler on

As Mexico's earthquake recovery efforts continue, the list of government authorities that have declared non-working days due to this natural disaster continues to grow. This means that various actions and proceedings before...more

Stone walls (and policies) do a prison make: UDC bound by its rules

by Kirton McConkie PC on

PERSONNEL POLICIES - While sitting in prison in 1642, the English poet Richard Lovelace penned his most famous lines: “Stone walls do not a prison make, nor iron bars a cage.” While Lovelace’s words about the nature and...more

Employers Looking Forward to a GOP Labor Board Must Exercise Patience

As the Trump administration begins to exercise its power through U.S. agencies enforcing federal employment laws, two Republican appointees will soon reshape the National Labor Relations Board (NLRB) with a majority...more

México: Cierre del Tribunal Federal de Justicia Administrativa a Causa del Terremoto

by Littler on

En vista del sismo ocurrido el pasado 19 de septiembre de 2017 que impactó Ciudad de México y estados colindantes, el Pleno General de la Sala Superior del Tribunal Federal de Justicia Administrativa, declaró inhábiles los...more

Mexico: Closure of Federal Court of Administrative Justice Due to Earthquake

by Littler on

Due to the earthquake that occurred on September 19, 2017, which impacted Mexico City and neighboring states, the General Plenary Session of the Superior Chamber of the Federal Court of Administrative Justice declared that...more

Trump Nominates Peter Robb as the General Counsel for the NLRB

by Seyfarth Shaw LLP on

After being reportedly close to nominating retired Jones Day partner Roger King for the role, the White House announced last Friday that President Donald Trump will nominate Peter Robb, a management-side labor and employment...more

Mexico: Government Declares Non-Working Days for IMSS Proceedings and Transactions Due to Earthquake

by Littler on

On September 19, 2107, Mexico City and neighboring states were rocked by a 7.1-magnitude earthquake that inflicted grave damage, including the loss of life and collapsed structures. ...more

Pensions Round-Up - July/August 2017 (UK)

by DLA Piper on

Welcome to the latest edition of Pensions Round-Up which provides an overview of developments in pension legislation, case law and regulatory guidance. In this edition we look at key developments from the second half of July...more

Proposed 2016 “White Collar” Regulations Struck Down; DOL Starts Work on New Regulations

The winding legal path of the 2016 “white collar” regulations has come to an end. On August 31, 2017, the Honorable Amos L. Mazzant of the U.S. District Court for the Eastern District of Texas struck down the U.S. Department...more

Ninth Circuit Deviates from Guidance and Other Authority on Tip Credits

by Foley & Lardner LLP on

We have previously discussed how the Department of Labor (DOL) often issues guidance to assist employers in applying and complying with the DOL’s various regulations. The federal courts generally follow this guidance when...more

DOL Allows SOX Claim Where Foreign Whistleblower Alleged Violation of US Law

The Department of Labor’s Administrative Review Board (ARB) recently held that a former employee of Exelis Systems Corporation who was employed in Afghanistan could bring a SOX claim even though he worked exclusively outside...more

Trump Repeals DACA: What You Need To Know

by Butler Snow LLP on

Last week, the Trump administration announced the end of the DACA program. DACA, or Deferred Action for Childhood Arrivals, was an immigration policy program created in 2012 by the Obama administration that allowed certain...more

NLRB: Employer’s Side Letter Explaining NLRB Notice Breached Settlement Agreement and Warranted Default Judgment

One of the fundamental pillars of any remedy doled out by the NLRB is the agency’s requirement that the employer (or union) post a “Notice to Employees,” a bright blue poster detailing the misdeeds of the charged party. Such...more

Fifth Circuit Dismisses Appeal of Nationwide Injunction of Obama-Era Overtime Rule

In light of the Texas district court’s recent judgment invalidating the 2016 overtime rule, the DOL filed an unopposed motion to withdraw its appeal of the November 2016 order that preliminarily enjoined the rule on a...more

Could Barring Former Employees From Your Premises Lead To A Lawsuit?

by Fisher Phillips on

Hospitality employers open to the general public should be aware of a recent decision by the National Labor Relations Board (NLRB) with implications across the industry. In a 2-to-1 decision, the NLRB ruled that a hotel and...more

Book Closes on Obama-Era Overtime Rule

It has taken nearly a year and a half, but it finally appears that the Fair Labor Standards Act (“FLSA”) regulations on the “white collar” overtime exemptions will not go into effect....more

Department Of Labor Challenges ALJ’s Decision On Google’s Obligation To Respond To OFCCP Data Requests

In July, we reported that an Administrative Law Judge (“ALJ”) had ruled on OFCCP’s dispute with Google over the tech giant’s refusal to turn over certain documents in connection with a routine audit of Google’s headquarters....more

A New Era For Labor Relations? Fisher Phillips Lawyers Predict Fate Of Top 10 Key Issues

by Fisher Phillips on

Among the most crucial federal agencies undergoing a transformation under the new presidential administration is the National Labor Relations Board (NLRB). During the eight years of the Obama administration, with the Board...more

White House to Nominate S.C. Labor Official to Serve as WHD Administrator

by Seyfarth Shaw LLP on

The White House announced its intent to nominate Cheryl Stanton to serve as the Administrator of the U.S. Department of Labor’s Wage & Hour Division. Stanton currently serves as the Executive Director for the South Carolina...more

NLRB’s Enforcement of Secondary Boycott Restrictions Does Not Place Union Agent in Involuntary Servitude Nor Does It Encroach on...

Labor Day is upon us. It is fitting, therefore, to enter the weekend with another case that exemplifies the bizarre world of labor relations. Like the case of the human resource manager who turned on his employer, or the...more

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