News & Analysis as of

Section 8(a)

EPA’s Regulatory Agenda Includes TSCA Section 8(a) Nanomaterials Rule with TBD Effective Date

by Bergeson & Campbell, P.C. on

On July 20, 2017, the Trump Administration published its Unified Agenda of Regulatory and Deregulatory Actions. The Agenda includes a U.S. Environmental Protection Agency (EPA) item (RIN 2070-AJ54) concerning the Toxic...more

En Banc Eighth Circuit Reverses National Labor Relations Board’s “Sick Day” Jimmy John’s Decision

by McGuireWoods LLP on

On July 3, 2017, the U.S. Court of Appeals for the Eighth Circuit, sitting en banc, rejected the reasoning of an ALJ, the NLRB, and a panel of the Eighth Circuit regarding whether Jimmy John’s employees could hang posters at...more

EPA Delays Effective Date of TSCA Section 8(a) Rule Concerning Nanoscale Materials

by Bergeson & Campbell, P.C. on

The U.S. Environmental Protection Agency (EPA) published on May 12, 2017, a Federal Register notice delaying the effective date of the January 12, 2017, rule concerning Toxic Substances Control Act (TSCA) Section 8(a)...more

EPA Will Delay Effective Date of TSCA Section 8(a) Rule Concerning Nanoscale Materials

by Bergeson & Campbell, P.C. on

The U.S. Environmental Protection Agency (EPA) is scheduled to publish on May 11, 2017, a Federal Register notice delaying the effective date of the January 12, 2017, rule concerning Toxic Substances Control Act (TSCA)...more

Labor Board Finds Nothing Special About Burger Chain’s Uniforms - What Employers Need To Know About Latest Uniform Policy Decision

by Fisher Phillips on

The National Labor Relations Board recently ruled that In-N-Out Burger’s uniform policy, which forbids employees from wearing buttons, pins, or stickers on their uniforms, violated Section 8(a)(1) of the National Labor...more

Recent Changes to the 8(a) Program Application Process

by PilieroMazza PLLC on

“They’re asking for what?” This is a not-so-uncommon response from small businesses applying to SBA’s 8(a) Business Development Program (“8(a) Program”), which is notorious for the amount of information – and paper – that...more

The Ripple Effect of the Federal Circuit’s Decision in Amgen v. Apotex on Biosimilar Litigation

In July, the Federal Circuit decided Amgen v. Apotex, No. 2016-1308 (Fed, Cir. July 5, 2016), its second decision interpreting the U.S. biosimilar statute, the Biologics Price Competition and Innovation of Act of 2009...more

Recent NLRB Decision A Reminder That NLRA Can Protect Actions Of A Single Employee

So far, it has been a long quiet Summer with little NLRB activity, – with the exception of the recent ruling that temporary agency employees can be part of a bargaining unit with the principal employer’s employees, of course....more

Eighth Circuit Rules That NLRB Erred By Invalidating Employment Agreements Requiring Individual Arbitration

by Carlton Fields on

We previously reported on a federal circuit split that has developed over the enforceability of arbitration provisions waiving class actions in employment agreements. Compare December 19, 2013 (D. R. Horton) and November 9,...more

High Court’s Encino Decision Means No Deference for CFPB View on RESPA, PHH Argues

by Ballard Spahr LLP on

On June 23, PHH filed a letter in the D.C. Circuit supplementing its appeal briefing in PHH Corp v. CFPB, No. 15-1177. For those of you who may have missed our prior posts on this, PHH is appealing a decision made by CFPB...more

NLRB General Counsel Seeks to Limit an Employer's Ability to Withdraw Union Recognition

by Littler on

National Labor Relations Board (NLRB) General Counsel Richard Griffin wants the Board to declare it unlawful for employers to withdraw recognition from an incumbent union without an NLRB election.  See GC Memorandums GC 16-01...more

PHH v. CFPB: "What is a Kickback?"

by Foley & Lardner LLP on

On April 12, 2016, a panel of the U.S. Court of Appeals for the D.C. Circuit heard oral argument in PHH Corporation’s (PHH) milestone legal battle with the Consumer Financial Protection Bureau (Bureau). During the argument,...more

Second Circuit Finds Facebook “Likes” Protected Under NLRA

by Genova Burns LLC on

On October 21, 2015, the Second Circuit clarified in Triple Play Sports Bar and Grille v. National Labor Relations Board that protections provided under Section 7 of the National Labor Relations Act (“NLRA”) encompass...more

CFPB Enforces RESPA in its First Appellate Decision of the Director

by BakerHostetler on

In the first appeal of an administrative enforcement proceeding before the Consumer Financial Protection Bureau (“Bureau”), the administrative law judge (ALJ) concluded that PHH Corporation, a mortgage lender, referred...more

Once 8(a) Competitive, Not Always 8(a) Competitive

by PilieroMazza PLLC on

Unlike other sole source authorities for small business programs, such as that recently granted to the WOSB program via the 2015 NDAA, a recent decision from GAO confirms that the sole source authority given to the 8(a)...more

NLRB General Counsel's Recent Report on Work Rules Tracks Areas to Watch - Employers of Union and Non-Union Work Forces Need to Be...

by Holland & Knight LLP on

For the last several years, the National Labor Relations Board (NLRB or the "Board") has engaged in a well-publicized expansion of scrutiny for employer work rules and has liberally identified those rules that it believes...more

OHA Ruling Shows Danger in Proposed SBA Rule

by PilieroMazza PLLC on

As the saying goes, unless you have been living under a rock, then you know that SBA recently proposed new rules to create a mentor-protégé program for all small businesses. ...more

TSCA: EPA Opens Docket for Proposed TSCA Section 8(a) Rule for Nanomaterials

The U.S. Environmental Protection Agency's (EPA) Toxic Substances Control Act (TSCA) Section 8(a) proposed rule concerning reporting and recordkeeping requirements for certain chemical substances when manufactured or...more

TSCA: EPA Proposes Reporting and Recordkeeping Requirements for Nanoscale Materials

by Bergeson & Campbell, P.C. on

On March 25, 2015, the U.S. Environmental Protection Agency (EPA) issued a prepublication version of a Toxic Substances Control Act (TSCA) Section 8(a) proposed rule concerning reporting and recordkeeping requirements for...more

Enforcement of 8(a) Subcontracting Limitations Likely to Increase

by Dorsey & Whitney LLP on

Last month, the Government Accountability Office issued a report at the request of Senator Claire McCaskill, who asked the GAO to review how federal agencies monitor the work performed by subcontractors under 8(a) contracts,...more

SBA’s Template for Joint Venture Agreements – Is it OK to Use for your 8(a) Joint Venture?

by PilieroMazza PLLC on

Recently, some of our small business clients that are governed by the SBA’s Washington Metropolitan Area District Office received notice from their Business Opportunity Specialist (“BOS”) that the agency’s template for JV...more

It’s Not Just About Being Disadvantaged: An Overview of the SBA’s Potential for Success Requirement for 8(a) Program Entry

by PilieroMazza PLLC on

Gaining entry to the Small Business Administration’s (“SBA”) 8(a) Business Development Program (the “8(a) Program”) is not just about proving a social and economic disadvantage. If you are a small business owner thinking...more

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