Persuader Rules

News & Analysis as of

What Can Employers Expect from the Trump Administration in the Upcoming Year?

It has been a little less than a month since President Donald Trump took office, and employers are anxious to see what changes the new administration will make that will affect both businesses and employees. President Trump...more

Labor and Employment Regulations Potentially Affected by Trump Regulatory Freeze

The Trump administration's "Regulatory Freeze Pending Review" (Freeze Memo) instructs the heads of federal executive departments and agencies to send no regulation to the Office of Federal Register (OFR) until a presidential...more

The National Labor Relations Board 2016 Year in Review – Whitepaper

Introduction - In comparison to recent history, 2016 was a tame year for the National Labor Relations Board (“NLRB” or “the Board”). While continuing to issue decisions that left employers scratching their heads, the...more

SCOTUS Nominee Gorsuch's Judicial Conservatism May Benefit Employers

President Trump's nomination of Judge Neil M. Gorsuch could shape the U.S. Supreme Court for years to come because of the judge's relatively young age (49) and because he could be part of a conservative majority on the Court,...more

President Trump's Regulatory Freeze May Impact Recently Enacted Labor and Employment Rules

On January 20, 2017, White House Chief of Staff Reince Priebus issued a memorandum addressed to the heads of executive departments and agencies, including the Department of Labor (DOL), instructing them to freeze new or...more

New Administration Orders Freeze of Pending Regulations, Takes Aim at the Affordable Care Act

One of the first acts of the new Administration on Inauguration Day was to issue a memorandum putting the brakes—at least temporarily—on federal regulations that have not yet taken effect, and to release an executive order...more

Department of Labor Refuses to Let the Clock Run Out on the Persuader Rule…How about Overtime?

On January 12, 2017, the Department of Labor filed a notice of appeal of District Judge Sam R. Cummings’ November order that blocked the Department of Labor’s controversial “persuader rule.” The rule, discussed by HRLegalist...more

Employment law changes will be coming with the Trump Administration: What should employers expect?

Today is Inauguration Day, and it is safe to assume that significant policy and enforcement changes will be made during the presidency of Donald J. Trump. Those changes will include new judges on the federal courts, new...more

Labor Law 2016: A Year In Review

Introduction - In the final year of his two term tenure, President Barack Obama’s National Labor Relations Board and Department of Labor continued their double barrelled efforts to remake labor law to benefit labor...more

2016/2017 Labor & Employment Observer

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

The Practical NLRB Advisor - Issue 4 | Winter 2017

The National Labor Relations Board (NLRB) continued making life more difficult for employers in 2016. The agency issued a host of decisions that significantly expand the number and type of individuals that unions can seek to...more

Employment Law This Week: The Year Ahead, New Labor Secretary, “Persuader Rule” Case, New York Salary Thresholds, Mental Health... [Video]

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Labor Relations Today: 2016 Year In Review

Introduction - In the final year of his two term tenure, President Barack Obama’s National Labor Relations Board and Department of Labor continued their double barrelled efforts to remake labor law to benefit labor...more

Employment Law 2016 Review

Preparing for Medical Marijuana in Pennsylvania - Marijuana legalization reached Pennsylvania in 2016, bringing with it a host of new questions employers are going to have to answer. Signed into law on April 17, the...more

You’re Hired: Labor Policy Under the Trump Administration and in the 115th Congress

If personnel reflect policy, President-elect Donald Trump’s selection of Andrew Puzder as the next Secretary of Labor signals a turning point for labor and employment policy. The Chief Executive Officer of CKE Restaurants,...more

The Revised Persuader Rule — An Obituary

The “Persuader Rule” — Brief Background - After several years of review and public comment, on March 24, 2016, the U.S. Department of Labor (DOL) issued its new interpretation of the so-called “Persuader Rule.” The new...more

Executive Labor Summary - November / December 2016

NEWS & ANALYSIS - President-Elect Trump chooses Andrew F. Puzder for U.S. Secretary of Labor – “the times they are a changin’.” As we reported at the time, on December 8 President-Elect Trump announced that Andrew F....more

No Stay for Other Pay-Related Regulations

A trio of recent court decisions staying implementation of the controversial persuader rule, most of the much-criticized Fair Pay and Safe Workplaces (“FPSW”) executive order, and the Department of Labor’s highly publicized...more

Don’t Read This: 2016 Workplace Law Year In Review

Reverse psychology isn’t the only explanation for the title of this article (although, if you’ve made it this far, it seems to have worked). No, another explanation is that 2016 was a very rough year for employers when it...more

What Employers Can Expect from the New Administration – Part 1: Executive Orders & Administrative Actions

What will a Trump administration do to the labor and employment law landscape? While we can’t predict for certain, we figure we can at least provide better insight than the pollsters who have spent the last year following the...more

Workplace Policy Institute Insider Report - December 2016

Littler's WPI Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The December edition of the Insider Report discusses recent efforts to block...more

Judge Permanently Blocks USDOL’s “Persuader Rule”

A federal judge in Texas permanently enjoined the new USDOL Persuader Rule from taking effect on a nationwide basis. The new rule would have required employers and law firms to publically disclose confidential legal advice...more

Texas Federal Court Permanently Enjoins DOL “Persuader Rule”

It has been a busy month for the federal courts in Texas, and a long one for the United States Department of Labor (the “DOL”). As we blogged here last week, on November 21, 2016, the United States District Court for the...more

Season’s Greetings: Three Recent Wage and Hour Developments that Employers can be Thankful For

With leaves falling, temperatures dropping, and Thanksgiving less than a day away, Americans are rapidly gearing up for the 2016 Holiday Season—the magical time between Black Friday and New Year’s when retailers kick into...more

Department of Labor’s New Persuader Rule Permanently Enjoined by Federal Court

Employers and their legal counsel are applauding the November 16 decision from a federal judge in Texas that granted a motion for summary judgment filed by a group of business associations and law firms against the Department...more

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