News & Analysis as of

Obama Administration

State AGs seek injunction against Dept. of Education postponement of the Borrower Defense Rule; DeVos continues “regulatory reset”...

by Ballard Spahr LLP on

Eighteen states and the District of Columbia have filed suit against Secretary of Education Betsy DeVos seeking an injunction of the Department of Education’s indefinite postponement of the Obama Administration’s Borrower...more

11 New Federal Court Appointees Named, Confirmations Critical for Labor and Employment Policy

On July 13, 2017, President Donald Trump announced the nomination of 11 new judicial appointments to federal courts throughout 5 states—Alabama, Georgia, North Carolina, Oklahoma, and Tennessee. The nominees include a...more

United States To Sign Covered Agreement With European Union

by Carlton Fields on

The U.S. Department of the Treasury and the U.S. Trade Representative have ended the speculation about the fate of the Covered Agreement negotiated by the Obama Administration with the European Union by announcing their...more

President Trump Delays Decision on Sudanese Sanctions for Three Months

by Jones Day on

On July 11, 2017, President Trump issued an executive order that postpones any decision regarding whether to terminate the comprehensive sanctions regime against Sudan for an additional three months—until October 12, 2017....more

What Real Estate Settlement Service and Other Consumer Financial Services Providers Need to Know About the CFPB’s Final...

by Foley & Lardner LLP on

On July 10, 2017, in a surprise move, the Consumer Financial Protection Bureau (CFPB or Bureau) issued its long awaited final rule on arbitration (Final Arbitration Rule). This rule-making has been a lightning rod issue for...more

Department of Labor Rolls Back the Liberal Interpretation of Who is and Who is Not an Employee

by Jaburg Wilk on

Recently the hot topic in employment law is the widespread misclassification of employees as independent contractors. The courts and the Department of Labor (DOL) have steadily turned up the heat on employers who misclassify...more

What Ever Happened to the Department of Labor’s New Overtime Rule?

by Foley & Lardner LLP on

As our readers may recall, last year we devoted a good amount of time addressing the Department of Labor’s (DOL) final rule on overtime exemptions. Under that rule, which was supposed to go into effect on December 1, 2016,...more

D.C. Circuit Rejects Trump EPA’s Delay of Methane Reduction Rules

by Kelley Drye & Warren LLP on

On July 3, 2017, the U.S. Court of Appeals for the District of Columbia dealt a blow to the Trump administration’s efforts to roll back Obama-era environmental regulations, ruling that the U.S. Environmental Protection Agency...more

In the Latest Episode of The Overtime Rule Soap Opera: DOL Tells Fifth Circuit It Will Revise Obama-Era Overtime Rule – But Not...

Last week, lawyers for the federal government told an appeals court that the Department of Labor plans to revise the currently-blocked overtime rule issued during the Obama administration last year.   But it won’t do so, it...more

Updates to federal overtime rule, delays continue

by Hellmuth & Johnson PLLC on

The delays continue regarding the overtime rule that was originally set to go into effect on December 1, 2016. This rule would have raised the salary threshold for exempt employees – those employees who were not entitled to...more

In Pro-Employer Move, Trump Administration Withdraws DOL Guidance Letters

by Foley & Lardner LLP on

President Trump’s reputation as a no-holds-barred businessman was one of the pillars of his campaign. Six months into office, Trump’s administration is showing its pro-business (or pro-employer) tendencies through recent...more

Department of Labor Indicates Intention for New Overtime Rule

Welcome back from the long holiday weekend! While you were by the pool or grilling in the backyard, you may have missed the news on the Obama-era proposed overtime rule: the Department of Labor (“DOL”) plans to abandon the...more

NAS Releases Its Compliance Safety Accountability System Report - Proposed Legislation May Further Impact the Use of the Program's...

by Holland & Knight LLP on

The Federal Motor Carrier Safety Administration (FMCSA) may overhaul how it evaluates the safety of the carriers it regulates following the release of a new study by the National Academies of Sciences, Engineering and...more

Gig Employers: An Old Friend Returns, Courtesy of the U.S. D(emand) O(pinion) L(etters)

by Fisher Phillips on

As reported on our Wage & Hour Law Blog just a few days ago, the U.S. Department of Labor (DOL) has announced that it will revive its historical practice of issuing Opinion Letters in response to specific inquiries from...more

Trump DOL to the Fifth Circuit: Uphold Ability to Set a Salary Level, But Don’t Rule on $913 Per Week Threshold

For the past seven months, employers throughout the country have been wondering what the future would hold with respect to the revised overtime regulations that were supposed to become effective last December and what...more

Schwabe In The Field: Certainty on the “Waters of the United States” Remains Elusive

On June 27, 2017, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (USACE) released a proposed rule (Proposed Rule) that will rescind the 2015 Clean Water Rule, often referred to as the Waters of the...more

Agencies Release Proposed Rule to Rescind Obama-Era Clean Water Rule

by Perkins Coie on

The Environmental Protection Agency and the U.S. Army Corps of Engineers released a proposed rule on June 27, 2017, that will rescind the Obama administration’s 2015 Clean Water Rule and recodify the pre-2015 regulations that...more

Article: June 2017: Energy Litigation Update

New Administration Leads to Pause of Major Energy-Related Litigation. In March, President Trump signed an executive order directing the Environmental Protection Agency (“EPA”) to “suspend, rescind, or revise” several...more

Here We Go Again! DOL Proposes to Rescind the Permanently Enjoined “Persuader” Rule (and Perhaps Revise It)

The U.S. Department of Labor (DOL) moved one step closer to undoing President Obama's permanently enjoined “persuader activity” regulation when, on June 12, the agency issued a notice of proposed rulemaking (NPRM) for reverse...more

Department of Labor withdraws joint employer guidance

by McAfee & Taft on

A joint employer relationship can arise in circumstances where an individual performs work for two entities that share control over how that individual performs his/her work. Although joint employment relationships are most...more

Biofuel Mandates Escape Current EPA Scrutiny

by Sullivan & Worcester on

The Renewable Fuel Standard (RFS) is a regulatory program administered by EPA that requires petroleum-based transportation fuel sold in the U.S. to contain a minimum volume of various categories of biofuels. The program’s...more

Clarifying the status of Gainful Employment and Borrower Defense to Repayment

by Thompson Coburn LLP on

During the second term of the Obama administration, the U.S. Department of Education promulgated several complex regulatory packages. Among the most significant and controversial were the Gainful Employment (“GE”) rule,...more

Administrative Procedure Act Litigation: The Changing Regulatory Landscape, the Role of Industry, and Emerging Issues

by WilmerHale on

As the Trump Administration concludes its fifth month, industry is facing a changing regulatory landscape that offers both opportunities and challenges. In this period of transition, litigation under the Administrative...more

Cuba Sanctions: President Trump Announces Tightening of U.S. Sanctions While Maintaining Certain Sanctions Relief Implemented by...

On June 16, 2017, the Trump administration issued a national security presidential memorandum entitled “Strengthening the Policy of the United States Towards Cuba” (the “Presidential Memorandum”). Related to this...more

President Trump’s Cuba Policy Changes Have Limited Practical Impact – For Now

by Dechert LLP on

President Trump announced just before the weekend that he will reinstate certain travel and commercial restrictions related to Cuba that had been eased under the Obama Administration. While President Trump declared that he...more

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