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The National Labor Relations Board (NLRB or the Board) issued a direct final rule on August 24, that makes 10 amendments to the election process, which will take effect December 26, 2023. The rule rescinds amendments made by...more
Thursday, the NLRB issued a notice to rescind four provisions from the Board’s Rules and Regulations contained in its Final Rule published in December 2019 (the “2019 rule”). The Board’s notice rescinding all four provisions,...more
This action to order the publication in Final form of OFCCP’s highly controversial Religious Exemption Rule was either one of the most courageous political acts I have seen a President take in recent years or was one of the...more
Monday, February 27, 2023: NLRB Advice Memo: Workplace Discussions of Racism Are NLRA-Protected Concerted Activity (Even for Non-Unionized Employees) Tweets Discussing Case Also Protected - Workplace group discussions...more
On May 6, 2021, in a much-anticipated move, the Biden Administration announced a final rule withdrawing the employer-friendly independent contractor test published in the last few weeks of Donald Trump’s presidency. The...more
The U.S. Department of Labor (DOL) officially withdrew a Trump-era rule that had been announced to clarify independent contractor status under the Fair Labor Standards Act (FLSA). The repeal took effect on May 6, 2021. The...more
On May 11, 2021, U.S. Environmental Protection Agency (EPA) Administrator Michael S. Regan signed a Final Rule rescinding EPA regulation, 40 C.F.R. Part 2, Subpart D, which final rule becomes effective upon publication in the...more
The CFPB has issued its long-awaited final rule rescinding the ability-to-repay provisions in its final payday/auto title/high-rate installment loan rule (Payday Rule). The final rule will be effective 90 days after its...more
Following in the footsteps of the U.S. Department of Labor, the National Labor Relations Board (NLRB) announced its Final Rule regarding joint employment. While the NLRB rarely engages in rulemaking, it deemed it necessary in...more
EPA recently issued a final rule containing much-debated revisions to the Clean Air Act 112(r) Risk Management Program (“RMP”). The rule rescinds or modifies a substantial number of existing requirements, including...more
The Centers for Medicare & Medicaid Services (CMS) recently updated its advisory opinion regulations, codified at 42 CFR §§ 411.370 through 411.389, in a final rule issued November 15, 2019. The update liberalizes and...more
The U.S. Securities and Exchange Commission adopted a new rule under the Investment Company Act of 1940 that will allow exchange-traded funds that satisfy certain standardized conditions to operate without first obtaining...more
On January 25, the U.S. Department of Labor’s Occupational Safety and Health Administration issued final regulations that roll back an Obama-era proposal that would have required large employers to submit extensive...more
On October 5, 2017, the Consumer Financial Protection Bureau (“CFPB”) released its nearly 1,700-page final rule for short-term loans (“Payday Lending Rule”). Notably, almost simultaneously with the CFPB’s announced Payday...more
On May 7, the Environmental Protection Agency (EPA) published a direct final rule in the Federal Register. The rule allows for rescission of certain Prevention of Significant Deterioration (PSD) permits under the Clean Air...more