News & Analysis as of

Obama Administration

Senate Democrats Introduce “Better Deal” Antitrust Enforcement Legislation

As part of the effort to rebrand the party and reconnect with working-class voters who were lost in the presidential election, congressional Democrats revealed a new populist policy agenda, titled “A Better Deal: Better Jobs,...more

The Immigration Report: 200 Days of the Trump Administration

by Vedder Price on

Wherever you fall on the political spectrum, there is no denying that the first 200 days of President Trump’s administration have been an interesting time for employers impacted by immigration regulations. The whirlwind of...more

Extreme Weather Fuels Increasing Trend of New Climate Change Litigation

As federal efforts to roll back environmental regulations from the Obama era continue, environmental groups have been increasingly filing lawsuits against industry alleging damages related to climate change impacts, using the...more

Overtime Exemption Increases: Not Now, But (Probably) Soon

by Foley & Lardner LLP on

As our readers are aware, we have devoted a good amount of space to discussing the status of the Department of Labor’s (DOL) final rule on exemptions from overtime under the Fair Labor Standards Act (FLSA). After a...more

California Employers Find Little Solace After Trump’s Department of Justice Drops Defense of Obama Overtime Pay Rule

by Payne & Fears on

On September 5, 2017, the U.S. Department of Justice dropped its defense of a controversial Obama-era overtime exemption rule, just days after a federal judge in Texas issued a nationwide permanent injunction blocking...more

U.S. Department of Education Signals It Will Revise Title IX Guidance

by Holland & Knight LLP on

• Secretary of Education Betsy DeVos has advised that the U.S. Department of Education intends to revise its guidance on the application of Title IX to reports of sexual misconduct on college and university campuses. • DeVos...more

Judge Strikes Down DOL’s Proposed Overtime Rule!

by Ruder Ware on

Finally, it appears we have closure on this saga that started over a year ago! On August 31st, the same Texas federal district court judge who granted a preliminary injunction last November delaying the effective date of the...more

The Department of Education Seeks Public Input for New Title IX Policy

• The Department of Education (DOE) plans to gather public input—including input from educational institutions—on new Title IX policy, rejecting the prior administration’s issuance of policy by letter. • The DOE has not,...more

NLRB’s New Joint Employment Rules Fail...But Live to Fight Another Day

by Foley & Lardner LLP on

No matter your political persuasion, there is little argument that during the second term of the previous administration, multiple federal agencies made landscape-altering changes to federal labor policy. These changes...more

Trump Administration Announces Termination of Popular DACA Program

by Stinson Leonard Street on

On September 5, 2017, the Department of Justice announced the wind-down of the Deferred Action for Childhood Arrival (DACA) program. The federal program, created under President Barack Obama's administration, provided work...more

"Stick A Fork in It!" Updated Overtime Rules Are DOA . . . For Now

by Ward and Smith, P.A. on

On August 31, 2017, Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas entered a final judgment in State of Nevada et al. vs. U.S. Department of Labor et al., awarding summary judgment against the...more

Federal Court Invalidates Obama Administration Overtime Exemption Rule

by Bracewell LLP on

On August 31, 2017, Judge Mazzant of the Eastern District of Texas invalidated the long-enjoined Obama Administration revised overtime regulation. The same judge previously granted a temporary, nationwide injunction blocking...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

The Impact of the DACA Rescission

by Moore & Van Allen PLLC on

On September 5, 2017, the Trump Administration formally announced its intent to end the Deferred Action for Childhood Arrivals program, also known as DACA. What follows is a practical guide on the impact of this latest...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

Trump Administration Rescinds DACA Program

On September 5, 2017, Attorney General Jeff Sessions announced the decision to rescind the Deferred Action for Childhood Arrivals (DACA) program, which was originally adopted in 2012 and provided deferred action (protection...more

K&L Gates Triage: Reading the Fine Print: A Closer Look at the Proposed Regulation over Arbitration Clauses in Long-Term Care...

by K&L Gates LLP on

This episode discusses CMS’ policy shift regarding binding pre-arbitration dispute clauses in long-term care resident agreements over the course of the past year. CMS’ current proposal reverses the ban on binding pre-dispute...more

The Rescission of DACA – A Quick Overview of How This Impacts Your DACA Employees

USCIS announced on September 5, 2017, that they are phasing in a rescission of the Deferred Action for Childhood Arrivals program (DACA). The DACA program began in 2012 and granted temporary status and work permits to the...more

Employers and the DACA Wind Down Decision on September 5

by Dickinson Wright on

On September 5, 2017, the Department of Homeland Security (DHS) issued the unfortunate Memo to rescind the Deferred Action for Childhood Arrivals (DACA) program (Memo). DHS Acting Secretary, Elaine C. Duke, noted that...more

Deferred Action For Childhood Arrivals Program Is Rescinded, AG Sessions Announces

by Jackson Lewis P.C. on

The Deferred Action for Childhood Arrivals (DACA) program is being rescinded, Attorney General Jeff Sessions announced on September 5, 2017. The DACA program was implemented in 2012 by an executive order signed by...more

What Does DACA Rescission Mean For Employers?

by Fisher Phillips on

Attorney General Jeff Sessions announced earlier today that the Department of Homeland Security will immediately “wind down” the Deferred Action for Childhood Arrivals (DACA) program. This action will affect almost 800,000...more

OMB Freezes EEOC Pay Data Collection Rule

• OMB has frozen the Obama-era employee pay data collection requirements that were set to take effect in March 2018. • Employers should continue to use the prior version of the EEO-1 form and will have until March 31, 2018...more

DACA Program to Be Phased Out

Today, the Trump Administration announced rescission of the Obama Administration’s 2012 Executive Order which created the Deferred Action for Childhood Arrivals (DACA) program. As of March 5, 2018, DACA will fully end with...more

Obama Administration’s Overtime Rule Invalidated: Employment Law Observer

by Hinshaw & Culbertson LLP on

A federal judge from Texas struck down the Obama administration’s overtime rule, finding the salary-level test set forth by the Department of Labor did not account for an analysis of an employee’s job duties for purposes of...more

Dream Over? Trump Administration Announces Plans to Phase Out DACA

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Department of Homeland Security (DHS) to terminate the Deferred Action for Childhood Arrivals (DACA) program. "Congress, get ready to do your job - DACA," tweets President Trump on Tuesday morning. ...more

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