Constangy, Brooks, Smith & Prophete, LLP

Trump To Nominate Fast Food Exec Andy Puzder As Secretary Of Labor

Sources within President-Elect Donald Trump’s transition team said today that Mr. Trump’s nominee for Secretary of Labor would be Andy Puzder, Chief Executive Officer of CKE Restaurants, Inc., which includes Hardee’s and Carl’s…more
| Elections & Politics, Labor & Employment Law

Employers, Here’s Why Good Documentation Is Da Bomb.

Documentation. What a pain! You have so many more important things to do. But taking the time to document is a good practice that may save you a lot of grief later. I know that most of you already know what I’m about to…more
| Labor & Employment Law

Post No Bills? Employers Have To Post Plenty!

This year is ending with quite a few changes in various federal workplace posters. To ensure that employers, especially federal contractors, have kept up with the required changes, here is a summary: - Federal 6-in-1…more
| Labor & Employment Law, Government Contracting

BREAKING: FMCSA Announces National Drug And Alcohol Testing Clearinghouse For Commercial Truck, Bus Drivers

The day has finally come. The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration announced Friday that it had issued a Final Rule establishing a drug and alcohol clearinghouse for holders of…more
| Transportation

What Should Employers Do About Overtime Now? Ask The Wage-Hour Lawyers.

As most readers know, the U.S. Department of Labor’s overtime rule, which was set to take effect yesterday, was preliminarily enjoined (temporarily blocked) on November 22 by U.S. District Court Judge Amos Mazzant III. The…more
| Labor & Employment Law

Court Refuses To Block OSHA’s New Anti-Retaliation Rule That Restricts Post-Accident Drug Testing And Safety Incentive Programs

A federal judge in Dallas, Texas, decided Monday that the Occupational Safety and Health Administration could begin enforcing the anti-retaliation provisions of its new “Reasonable Reporting Procedure” rule starting tomorrow…more
| Labor & Employment Law

Breaking: OSHA Reasonable Reporting Procedure Rule Is NOT Enjoined!

Which means the rule will be enforced starting day after tomorrow, December 1. Judge Sam A. Lindsay of the Northern District of Texas found in TEXO ABC/AGC, Inc. v. Perez that the plaintiffs challenging the rule had failed…more
| Labor & Employment Law

Employers Can Breathe A Sigh Of Relief Come December 1: Court Strikes Down Overtime Rule

The new regulations that would have more than doubled the salary threshold for Administrative, Executive, and Professional exemptions from the minimum wage and overtime requirements of the Fair Labor Standards Act – due to take…more
| Labor & Employment Law

BREAKING: Overtime Rule Has Been Enjoined!

Judge Amos Mazzant has issued a nationwide preliminary injunction blocking the U.S. Department of Labor’s overtime rule from taking effect as scheduled on December 1. I’m reading the decision now and will be back with details as…more
| Labor & Employment Law

New Years’ Resolution: Comply with the “Smarter” Version of Form I-9

As an early holiday present, the U.S. Citizenship and Immigration Service has rolled out the newer and “smarter” version of Form I-9. Although the grand reveal did not elicit as much excitement as Apple’s iPhone 7, the new…more
| Immigration Law, Labor & Employment Law

Employment And Labor Law Developments (And A Few Other Things) I’m Thankful For

This has been a weird year for me. (And, no, I’m not even thinking about the election!) But I have much to be thankful for, and I hope you do, too. BREAKING THING TO BE THANKFUL FOR: Yesterday evening, the U.S. Department…more
| Civil Rights, Government Contracting, Law Practice Products & Services

Deadline To Comment On Pay Transparency Language Is Next Tuesday

Last chance! The deadline to comment on the Interim Rule that adds pay transparency language to government contracts is this coming Tuesday, November 29. On September 30, 2016, the U.S. Department of Defense, General…more
| Government Contracting, Labor & Employment Law

EEOC performance in FY 2016: Is the Agency “mellowing”?

Was the EEOC more laid-back this past fiscal year than it was in FY15? The U.S. Equal Employment Opportunity Commission issued its Fiscal Year 2016 Performance Report this week (here’s the press release, in case you don’t…more
| Labor & Employment Law

Everything’s happening in Texas!

Don’t mess with Texas. In Lubbock yesterday, Judge Sam R. Cummings permanently enjoined the U.S. Department of Labor’s Persuader Rule, which is great news for employers. The DOL can appeal to the U.S. Court of Appeals for…more
| Labor & Employment Law

Federal Judge Issues Permanent Injunction Blocking U.S. DOL’s New “Persuader Rule”

The U.S. Department of Labor’s narrow interpretation of the “advice exemption” of the “Persuader Rule” appears to be no more. Yesterday a federal judge in Lubbock, Texas, issued a permanent injunction prohibiting enforcement of…more
| Labor & Employment Law
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230 Peachtree Street, N.W.
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Atlanta, Georgia 30303-1557, United States

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