Obama Administration

News & Analysis as of

If Obamacare’s Days are Numbered, What’s Next? Trumpcare.

The Affordable Care Act has withstood 62 repeal attempts by the House of Representatives and several challenges brought to the U.S. Supreme Court. Now, with Donald Trump as President and a new Republican-led House and...more

Use of Non-Compete Agreements – Too Much of a Good Thing?

In case you missed the trend, several recent actions by the Obama administration have been aimed at enhancing employee rights. This pattern continued last week, when the White House issued a “Call to Action” and a report on...more

States Begin Offering State-Run Retirement Plans

Workers in some states will soon have another option to save for retirement. California is the latest state to pass a law that establishes state-run retirement plans for workers who do not have a plan through their employer....more

Winds of Change: the NLRB Challenges Confidentiality Agreements and The Obama Administration’s “Call to Action” to Prohibit...

This year, the federal government is challenging contractual provisions that regularly appear in private employment agreements. Both the National Labor Relations Board (“NLRB”) and the Obama administration have challenged the...more

Lame-Duck Threat to Non-Competes

Not content to leave employers alone for the last few months of this term, the Administration wants to discourage, nationwide, the use of contract provisions that limit individuals from competing with their former employers,...more

White House Issues State Call To Action To Ban Certain Non-Compete Agreements

On October 25, 2016, the Obama Administration issued a “State Call to Action on Non-Compete Agreements.” This call to action is part of President Obama’s Executive Order directing states to increase competition for workers...more

White House Issues State Call to Action on Non-Compete Reform

This week, the Obama Administration continued its ongoing efforts to curb what it considers to be the “gross overuse” of non-compete agreements. In a “State Call to Action,” the White House encourages legislatures to adopt...more

White House Pushes for Ban on Non-Competes

The enforceability of employee restrictions on competition has traditionally been up the states, with some, like California, largely banning such agreements, while others, like Texas, allowing them with reasonable...more

Court Blocks Rule Requiring Federal Contractors to Disclose Labor Law Violations, But Okays Pay Transparency Rule

On October 24, 2016 the federal district court in Beaumont, Texas enjoined implementation of President Obama’s Executive Order 13673 and the enforcement of FAR Council regulations and U.S. DOL guidance requiring disclosures...more

Considerations When Hiring Executive Branch Employees

As the Obama administration winds down, the number of administration officials leaving the government will increase dramatically. The traditional exodus that accompanies the end of a presidential administration creates...more

A Call-to-Action: Obama Administration Encourages States to Ban Noncompetes for Low-Wage Workers and Certain Other Employees

On October 25, 2016, the Obama administration released a fact sheet announcing the steps that the White House is taking to “enhance competition to benefit consumers, workers, and entrepreneurs.” The administration’s actions...more

Smart Regulations: The Oversight of Artificial Intelligence

The Obama administration's National Science and Technology Council released a report on artificial intelligence (AI) last week that shared findings on the current state of AI and its potential effect on society. The council...more

EEOC General Counsel David Lopez to Depart Agency

WASHINGTON - David Lopez, general counsel of the U.S. Equal Employment Opportunity Commission (EEOC) since 2010, announced today that he will depart the agency after 6 ½ years of service in early December....more

Government Contracts Legislative and Regulatory Update - October 2016

The October edition of "Government Contracts Legislative and Regulatory Update" offers a summary of the relevant changes that took place during the month of September. This update will also be available in Contract...more

White House Addresses Sexual Misconduct in K-12 Schools

A new notice and resource materials from the White House remind K-12 schools of their obligations to prevent and address sexual misconduct under Title IX of the Education Act of 1972. Like colleges and universities, K-12...more

Methane Emissions Standards Take Effect

Effective this past August 3, the EPA has new regulations for methane and volatile organic compound emissions from oil and gas operations  As you know, reducing methane emissions is a key component of the President‘s climate...more

Plan to Grant Work Authorization to Millions Remains on Hold After Supreme Court Denies Request for Rehearing

On the first day of its new term, the United States Supreme Court sidestepped another opportunity to determine the constitutionality of President Obama’s executive immigration reforms. On October 3, 2016, the Court denied...more

Supreme Court Denies Rehearing in Immigration Case

On Monday, October 3rd the Supreme Court denied the Obama administration’s request to rehear arguments in United States v. Texas, a case involving President Obama’s 2014 executive actions on immigration. The Supreme Court...more

White House Investigating Data Breach of First Lady’s Passport

It has been reported that the White House is investigating a hacking of the Gmail account of a contract worker who was working on the First Lady’s advance team responsible for logistics. The hacking included emails from...more

USPTO Announces 2016 Patents for Humanity Winners

On Thursday, the U.S. Patent and Trademark Office announced the latest winners of the Patents for Humanity program. The Patents for Humanity program, which was launched by the Office in February 2012 as part of an Obama...more

With Short-Term Government Funding Bill in Place, Congress Adjourns until after Elections

On September 29, 2016, President Obama signed into law HR 5325, which averts a government shutdown by continuing funding for the federal government through December 9, 2016. The legislation also includes $1.1 billion in...more

Clean Power Plan has its day in court - Will the D.C. Circuit uphold EPA’s landmark CO2 regulations?

In a marathon day-long session before a packed courtroom (and a number of overflow rooms) on Tuesday, September 27, 2016, the full US Court of Appeals for the DC Circuit heard oral arguments in a litigation challenging the...more

Update – Red States Sue to Stop Enactment of Obama Administration’s Changes to Federal Overtime Laws

As we previously reported, in March of 2014, President Obama unilaterally directed the Department of Labor (DOL) to review and update the requirements necessary for an employee to be considered “exempt” from overtime. The DOL...more

Administration’s Biotechnology Working Group Updates Coordinated Framework & Unveils National Strategy

After launching with an ambitious agenda fourteen months ago, last Friday the Obama Administration announced that its Biotechnology Working Group had completed its two main tasks. The Working Group has proposed an Update to...more

The White House Announces an End to Sanctions Against Myanmar

After nearly 20 years, the U.S. will lift economic sanctions against Myanmar (known as Burma until 1989). President Obama made this announcement on September 14, 2016 after meeting with the country’s de facto leader Aung San...more

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