News & Analysis as of

Reversal Trump Administration

Foley Hoag LLP

The Health Care Priorities of the Biden Harris Administration and Post Election Outlook for the 117th Congress

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In a historic presidential election that began during the COVID-19 pandemic and ended with record voter turnout and mail-in ballots, former Vice President Joseph Biden of Delaware was declared the 46th president of the United...more

Foley Hoag LLP

Five Ways the Biden Administration Could Rescind or Reverse the Trump Administration’s Regulatory Actions

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Various media outlets are reporting that President-elect Joe Biden already has plans to sign a series of executive orders shortly after being sworn into office in January. While some of these planned executive orders will...more

Holland & Hart LLP

Federal Court Reverses Trump Administration's H-1B Wage Hike

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As a positive development for H-1B employers, on December 1, 2020, the U.S. District Court for the Northern District of California issued a final ruling in Chamber of Commerce, et al., v. DHS, et al. set aside the Interim...more

Perkins Coie

What to Expect From the Biden FCC

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What can we expect from the Federal Communications Commission from the incoming administration of President-elect Biden? While we don’t have a crystal ball, we know that the president-elect has pledged to “build back better,”...more

Morrison & Foerster LLP - Left Coast Appeals

Know Your En Banc Ninth: The Dissents Stay Dissents

In the past two weeks, we’ve examined which judges tend to agree and disagree with one another when on the same en banc panel, and which of those judges tend to end up in dissent. This week, we look at whether the views of...more

DirectEmployers Association

OFCCP Week In Review: December 2019 #5

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Bricker Graydon LLP

NLRB Does What Every Watcher Expected It To Do: Declares That Teaching And Research Assistants Are Not Employees…And Does So In A...

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In the latest volley across the partisan line in the saga of whether college teaching and research assistants can unionize, the National Labor Relations Board (NLRB) released a proposed rule that would deny the ability to...more

Stokes Wagner

NLRB Limits Non-Employee Leafletting On Employer Premises

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The National Labor Relations Board (the “Board”) recently issued a precedent-reversing ruling on August 23, 2019, that allows employers to bar non-employees from leafletting on their premises. In its decision, the Board held...more

Harris Beach PLLC

Rule to Eliminate H-4 EAD Work Authorization Under Review by OMB

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The Trump administration may eliminate an opportunity for spouses and children of H-1B workers to work in the United States while waiting for green card adjudication. How will this impact the state of our economy?...more

WilmerHale

Court Overturns Trump Administration Efforts to Revoke Withdrawal Status for Outer Continental Shelf Lands

WilmerHale on

On March 29, 2019, the United States District Court for the District of Alaska issued its ruling in a case challenging a presidential executive order which would have reversed withdrawals of Outer Continental Shelf (OCS)...more

Ballard Spahr LLP

Inside the Beltway: Chairwoman Waters Introduces Bill to Reverse Mulvaney Actions

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House Financial Services Committee Chairwoman Maxine Waters recently introduced the "Consumers First Act," H.R. 1500, a modified version of a bill she introduced in the last session of Congress when Mick Mulvaney was still...more

Dorsey & Whitney LLP

The Supreme Court - January 22, 2019

Dorsey & Whitney LLP on

The Supreme Court of the United States issued the following decision this morning: Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., No. 17-1229: Every patent statute over the past two centuries has included an...more

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

NLRB Narrows the Scope of NLRA Section 7 Protection for Employee Complaints

On January 11, 2019, the National Labor Relations Board issued an employer-friendly decision in Alstate Maintenance LLC, 367 NLRB 68 (2019), narrowing the scope of protection for employee complaints. In doing so, it reversed...more

Obermayer Rebmann Maxwell & Hippel LLP

Farewell 20% Rule – DOL Clarifies Eligible Duties for Tip Credit

On November 8, 2018, the U.S. Department of Labor (DOL) reissued a previously-withdrawn opinion letter from 2009 (available here) that clarified its position on when employers can use the tip credit under the Fair Labor...more

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Changes Position on Use of Tip Credit

As previously reported in EmployNews, litigation involving pay for tipped employees continues to vex employers in the hospitality industry. Many of these cases involve varying interpretations of the Fair Labor Standards Act’s...more

McAfee & Taft

Employers must still use caution when using independent contractors

McAfee & Taft on

A new opinion from the Tenth Circuit Court of Appeals, Acosta v. Jani-King of Oklahoma, Inc., is a reminder that there are still significant risks when classifying workers and independent contractors....more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - September 2018 #2

As Storm Looms, 4th Circuit Reverses Ruling Against Dominion on Coal Ash Pollution at Chesapeake Site - "Water pollution from a coal ash landfill and settling ponds at a closed power plant in Chesapeake is not a violation of...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - August 2018 #4

Activists Have a New Strategy to Block Gas Pipelines: State's Rights - "It already has worked in New York where construction on the Constitution Pipeline has stalled. Now activists are trying the strategy in Oregon." ...more

Harris Beach PLLC

Analysis: Supreme Court Decision on Trump’s Travel Ban

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On June 26, 2018, the Supreme Court of the United States held, in Trump v. Hawaii, 585 U.S. ___ (2018), that President Trump’s September 2017 Proclamation announcing the travel ban was a lawful exercise of his executive...more

Seyfarth Shaw LLP

The Anatomy Of The Travel Ban

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The Supreme Court affirmed President Trump’s authority to ban certain foreign nationals from entering the country, finding that such travel restrictions are justified based on national security concerns....more

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

Supreme Court Preserves Trump Travel Ban in Nod to Presidential Authority

In a 5-4 decision, the Supreme Court of the United States upheld the legality of President Trump’s Proclamation No. 9645, commonly known as the travel ban, holding that the restrictions imposed by the policy are “squarely...more

Tarter Krinsky & Drogin LLP

President Trump’s Travel Ban Approved By U.S. Supreme Court

Earlier this week, the U.S. Supreme Court issued its opinion of Trump v. Hawaii, the case on the third iteration of President Trump’s travel entry ban. This version of the ban was issued as a presidential proclamation in...more

Littler

SCOTUS Upholds Travel Restrictions

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On June 26, 2018, the Supreme Court of the United States upheld the travel ban implemented by the Trump Administration in September 2017. This travel ban was the third permutation after two other travel bans failed to...more

Mintz

US Supreme Court Upholds Latest Travel Ban

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The US Supreme Court issued a decision today upholding the third version of the travel ban established by the Trump administration. This ban, issued via Presidential Proclamation, imposes travel restrictions on citizens of...more

Constangy, Brooks, Smith & Prophete, LLP

U.S. Supreme Court Upholds Trump Travel Ban And Presidential Power

In a big victory for President Trump and for Presidential power to determine who enters the United States, the U.S. Supreme Court, in a 5 to 4 decision written by Chief Justice John Roberts, upheld President Trump’s third...more

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