Executive Orders

News & Analysis as of

New York Establishes a Super IC Misclassification-Plus Task Force

Yesterday, New York Governor Andrew Cuomo signed Executive Order No. 159 expanding the existing Joint Enforcement Task Force on Employee Misclassification into a Joint Enforcement Task Force on Worker Exploitation and...more

New OFCCP Revised Scheduling Letter: Your Secret’s Not Safe with the OFCCP

You are officially on notice—the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) is going to share your data with other federal agencies. What data, you ask? The OFCCP annually selects...more

The NLRB Fires a Shot Across the Bow of Federal Contractors

The National Labor Relations Board (NLRB) fired off some fireworks of its own just before the Fourth of July weekend. Specifically, the NLRB announced a new procedure to implement Executive Order 13673 Fair Pay and Safe...more

NLRB Begins Reporting Alleged Labor Law Violations to Federal Contractor Database

The National Labor Relations Board (NLRB) has directed its regional office personnel to begin reporting alleged labor law violations by government contractors named by regional directors in unfair labor practice complaints...more

Fair Pay and Safe Workplaces Executive Order Moving Forward and the NLRB is On Board

Earlier this year, the final rule and guidance regarding President Obama’s controversial Fair Pay and Safe Workplaces (also known as the “Blacklisting”) executive order — which requires companies and organizations seeking...more

Update: DOL Issues Final Overtime Rule

On May 18, 2016, the U.S. Department of Labor (“DOL”) issued the highly anticipated final overtime rule for white collar workers. The rule was promulgated in response to President Obama’s instruction to the DOL in 2014, which...more

NLRB Regional Directors’ Formal Unfair Labor Practices Complaints to be Reported to Federal Database

The National Labor Relations Board has stated that it will report to a federal database all unfair labor practice complaints issued by its Regional Directors beginning July 1, 2016, in order to comply with “Fair Pay and Safe...more

The NLRB Puts Federal Contractors in a Double-Bind: Settle Now or Risk Losing Future Contracts

Seyfarth Synopsis: Beginning July 1, 2016, pursuant to the President’s Fair Pay and Safe Workplaces Executive Order the NLRB will now require any Federal Contractor that has a Complaint issued against it by a Regional...more

Lack of Court Direction Requires Developers and Lenders to Estimate Their Own Significance Thresholds for GHG Emissions Past 2020

This June, the California Supreme Court heard the last set of oral arguments before breaking for the summer. Cleveland National Forest Foundation v. San Diego Association of Governments, 231 Cal.App.4th 1056 (2014)...more

NLRB Takes Steps To Facilitate Sharing Of Federal Contractor Labor Law Violations In Anticipation Of The Final Fair Pay And Safe...

In a July 1, 2016 memorandum (OM 16-23), the Office of the General Counsel for the National Labor Relations Board (“NLRB”) announced that it was beginning to take steps to comply with the Fair Pay and Safe Workplaces...more

Labor Complaints To Be Reported To Federal Database Of “Bad” Employers

To assist federal contractors in their compliance with the Fair Pay and Safe Workplaces Executive Order – which to date still has no final implementing regulations – the National Labor Relations Board has graciously offered...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Governor Paul LePage Signs Executive Order to Pay for Bills Passed in Second Regular Session of...more

Deadlocked Supreme Court Presents Another Roadblock For President’s Immigration Actions

In a 4-4 decision, the U.S. Supreme Court announced today that it could not reach a majority consensus on President Obama’s Executive Action on immigration. As a result, the Executive Action remains subject to an injunction...more

Immigration Showdown: Defeat for the Obama Administration’s Deferred Action Policies

On Thursday, June 23, 2016, the Supreme Court of the United States reached a 4 – 4 tie on issues related to the validity of the Obama administration’s contested immigration programs, Deferred Action for Parents of Americans...more

No More Mad Men: The OFCCP Leaves its Bell Bottoms Behind and Moves into the 21st Century

Not since the 1970s has the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) amended its Sex Discrimination Guidelines for federal contractors. With the newly issued final rule effective...more

OFCCP Publishes Final Rule Modernizing Sex Discrimination Guidelines

For the first time in more than four decades, OFCCP revised its Sex Discrimination Guidelines prohibiting discrimination by government contractors on the basis of sex (the “final rule”). The final rule applies to employers...more

The Sex Discrimination Final Rule Is Coming: OFCCP Announces EO 11246 Guidelines

On June 14, 2016, the Office of Federal Contract Compliance Programs (OFCCP) announced that it will issue a Final Rule updating its sex discrimination guidelines. The new final regulations are applicable to federal...more

Corporate and Securities Alert: SEC Updates Form 10-K

On June 1, the SEC issued a new Interim Final Rule?, amending Item 16 of Part IV to the Form 10-K, specifically permitting issuers to include a summary section in an Annual Report on Form 10-K. The summary section will...more

Obama Administration Publishes Spring Agency Rule List Highlighting Key Dates For Final Publication of Controversial Regulations

The Obama administration has released its Spring Agency Rule List. The list provides updates on the priorities of the Obama administration as it relates to pending rules and regulations. The agenda notes that the Obama...more

Não Deixe O Samba Morrer! (Don’t Let Samba Die!) - Considerações sobre imigração durante uma era Trump na Casa Branca ...

Panorama - Alguns meses atrás, parecia inimaginável que Donald Trump teria alguma chance de vencer a eleição para presidente dos EUA. Agora ele é o candidato republicano que disputa as eleições com a pouco fortalecida...more

Nao Deixe O Samba Morrer! (Don’t Let Samba Die!) - Immigration Considerations in a Post-Trump White House

Overview - A few months ago, it seemed unimaginable that Donald Trump had a chance of winning the U.S. presidency. Now he is the Republican candidate running against the weakened establishment Democratic candidate,...more

New Executive Order Released By California Governor for Long-Term Water Planning Released

State Water Resources Control Board Releases Draft Regulation to Modify Water Conservation Requirements - Mandatory statewide water use restrictions in California would be replaced by a more locally driven set of water...more

EPA Poised To Make Sweeping Changes to the Risk Management Program Rule

Chemical manufacturers and petroleum refiners are closely tracking the latest activities of a high-level agency working group formed pursuant to President Obama’s Executive Order (13,650) responding to the West, Texas,...more

U.S. Supreme Court is Weighing the Merits of U.S. vs. Texas The Legality of President Obama’s Executive Action Granting Deferred...

In November of 2014, Secretary of Homeland Security Johnson issued new policies based upon President Obama’s Executive Order allowing certain undocumented individuals who entered the U.S. on or before January 1, 2010, to...more

Get Ready to Rumble—DOJ Alerts North Carolina Governor that New Bathroom Law Violates Federal Statutes

The head of the federal Justice Department’s Civil Rights Division wrote to North Carolina Governor Pat McCrory that HB2 (see our previous blog posts about HB2 here and here), a law banning public agencies from allowing...more

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