News & Analysis as of

Obama Administration Corporate Counsel

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSHA Signals Rulemaking to Broaden Scope of Who Is Permitted to Accompany Compliance Officers During Worksite Inspections

In February 2013, during the early months of the second term of the Obama administration, a standard interpretation related to Occupational Safety and Health Act regulations at 29 C.F.R. § 1903.8(c) that later became known as...more

Holland & Knight LLP

Biden Administration Eases Some Trump-Era Cuba Restrictions

Holland & Knight LLP on

The U.S. Department of State announced on May 16, 2022, a series of measures aimed at supporting the Cuban people and independent Cuban entrepreneurs and loosening Trump-era restrictions that largely isolated the island and...more

Foley & Lardner LLP

DOL Breaks Record in Wage and Hour Enforcement – Time to Consider Self-Audits

Foley & Lardner LLP on

Those who believed the Trump administration would scale back the Obama-era Department of Labor’s (DOL’s) aggressive enforcement of wage and hour laws may be surprised to learn that the DOL recently announced that it recovered...more

Proskauer - Law and the Workplace

New Federal Overtime Rule Expected in Early 2019 

It doesn’t seem that long ago that employers were busily preparing for the new overtime rule that would have doubled the minimum salary level for the “white collar” exemptions from $23,660 to nearly $48,000. That new...more

A&O Shearman

M&A Watch: Ant Financial and MoneyGram Terminate Merger Agreement Due to CFIUS Concerns

A&O Shearman on

MoneyGram International Inc. and Ant Financial Services Group recently announced the termination of their agreement providing for the acquisition of Texas-based money transfer company MoneyGram by China-based Ant Financial...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

D.C. Circuit Rejects All Industry Challenges to OSHA’s New Silica Standards

On Friday, December 22, 2017, the U.S. Court of Appeals for the District of Columbia Circuit rejected all of American industry’s many challenges to the Occupational Safety and Health Administration’s (OSHA) new silica dust...more

Akin Gump Strauss Hauer & Feld LLP

CFIUS’s 2015 Annual Report and Published 2016 Data Demonstrate Uptick in Review Activity and Scrutiny

On September 19, 2017, the Committee on Foreign Investment in the United States (CFIUS or the “Committee”) released its annual report (“Report”) to Congress. One day later, CFIUS also released more limited data on foreign...more

Pillsbury Winthrop Shaw Pittman LLP

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

Dechert LLP

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

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

Benesch

DOJ Now Supports Enforcement of Employment Arbitration Clause

Benesch on

The U.S. Justice Department has abruptly reversed course in a U.S. Supreme Court case concerning an employment agreement that restricts employees from participating in class and collective lawsuits, arguing that a mandatory...more

Fisher Phillips

Dawn Of A New Day? Labor Department Withdraws Obama-Era Guidance On Misclassification, Joint Employment

Fisher Phillips on

In a welcome development for employers, Secretary of Labor Alexander Acosta announced today that the U.S. Department of Labor (USDOL) was immediately withdrawing guidance published during the Obama administration that had...more

Foley & Lardner LLP

Cybersecurity and the New Trump Administration: Your Top Ten Questions Answered

Foley & Lardner LLP on

Since President Trump’s inauguration, cybersecurity has been in the news almost daily – often on the front page. The U.S. Government is facing a wide array of challenges in cybersecurity, impacting both domestic and foreign...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Governor Cuomo Signs Executive Orders to Close the Wage Gap as part of “New York Promise” Agenda

There is no doubt that pay equity and pay data have both been a major focus of the federal government enforcement agenda during the Obama administration. While we wait to see if and how the Trump administration will address...more

Orrick, Herrington & Sutcliffe LLP

Six Crucial Points About the Prohibition on Chinese Investors' Acquisition of U.S. Aixtron Operations

On December 2, President Obama, acting under the Exon-Florio law, blocked the planned acquisition by China's Fujian Grand Chip Investment Fund LP ("Fujian Grand Chip"), a Chinese investment fund, of the U.S. operations of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

White House Announces Release of Final Contractor Blacklisting Rules: Phased Implementation for Prime Contractors and...

The long wait for the so-called “contractor blacklisting” rules is over. According to a fact sheet released by the White House, final regulations and guidance will be released on August 24, 2016 and published in the Federal...more

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

Littler

Who is Merrick Garland and What Does His Nomination Mean for Labor and Employment Law?

Littler on

A month after U.S. Supreme Court Justice Antonin Scalia’s death, President Obama has appointed Merrick B. Garland to fill the High Court vacancy. Judge Garland currently is Chief Judge for the U.S. Court of Appeals for the...more

Franczek P.C.

New STEM OPT Extension Rules to Extend the Program Have Been Proposed

Franczek P.C. on

On October 19, 2015, the Department of Homeland Security published eagerly anticipated proposed STEM OPT Extension rules that, if adopted would allow U.S. employers greater flexibility for employing foreign nationals...more

Littler

President Obama Signs ACA Change Into Law

Littler on

While Republican efforts to effectively repeal the Affordable Care Act (ACA) through the budget reconciliation process have garnered attention, Congress's recent passage of a bipartisan bill making targeted changes to the law...more

Baker Donelson

Based on Improper Appointment of Acting General Counsel to NLRB, D.C. Circuit Court of Appeals Voids Unfair Labor Practice Ruling

Baker Donelson on

On August 7, 2015, the United States Court of Appeals for the District of Columbia held that former National Labor Relations Board (NLRB) Acting General Counsel Lafe Solomon's appointment violated the Federal Vacancies Reform...more

Franczek P.C.

Department of Labor Seeks Information about Employees' Use of Smartphones

Franczek P.C. on

The Obama Administration used the occasion of Memorial Day weekend to release its required Semiannual Regulatory Agenda. The Agenda, which is not binding on the DOL, lists a number of items including two specifically related...more

Akin Gump Strauss Hauer & Feld LLP

White House Releases Revised Consumer Privacy Bill of Rights

On Friday, February 27, 2015, the White House released a revised version of its 2012 proposal for a consumer privacy bill of rights. The revised legislative proposal largely tracks with the 2012 proposal in that it focuses on...more

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