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SCOTUS to Consider "Fair Share" Union Dues by Non-Members in the Public Sector

On September 28, 2017, the Supreme Court of the United States announced that it will grant certiorari in a case that will test the constitutionality of requiring mandatory payment of “fair share” union dues to be paid by...more

President Nominates Peter Robb as NLRB General Counsel

On September 15, 2017, the White House announced that President Trump has nominated Peter B. Robb, a management-side labor and employment lawyer with a firm based in northern New England, to be the general counsel at the...more

Emanuel’s Confirmation Launches a New Era at the NLRB

September 25, 2017, marks a significant turning point in the recent saga of the National Labor Relations Board (NLRB). Eight months into the Trump administration, the U.S. Senate confirmed William J. Emanuel to fill the...more

Defending Employers’ Access to Legal Advice: Comments Filed Supporting DOL’s Rescission of Controversial Persuader Rule

August 11, 2017, was the deadline for interested parties to submit comments regarding the U.S. Department of Labor’s (DOL) proposal to formally rescind its controversial persuader rule, which was issued in 2016 under the...more

The Employment Law Authority - July/August 2017

THE TIME IS RIGHT FOR . . . OSHA’S YEARLY SUMMER HEAT CAMPAIGN - On June 26, 2017, the Occupational Safety and Health Administration (OSHA) announced the return of its heat illness prevention campaign: Water. Rest. Shade....more

11 New Federal Court Appointees Named, Confirmations Critical for Labor and Employment Policy

On July 13, 2017, President Donald Trump announced the nomination of 11 new judicial appointments to federal courts throughout 5 states—Alabama, Georgia, North Carolina, Oklahoma, and Tennessee. The nominees include a...more

Here We Go Again! DOL Proposes to Rescind the Permanently Enjoined “Persuader” Rule (and Perhaps Revise It)

The U.S. Department of Labor (DOL) moved one step closer to undoing President Obama's permanently enjoined “persuader activity” regulation when, on June 12, the agency issued a notice of proposed rulemaking (NPRM) for reverse...more

Senate Confirms Alex Acosta for Secretary of Labor

On April 27, 2017, the United States Senate confirmed the nomination of Rene Alexander "Alex" Acosta as the nation’s 27th U.S. Secretary of Labor by a bipartisan final vote of 60-38. Eight Democrats and one independent joined...more

Finally! Government Contractor Blacklisting EO and Implementing Regulations Bite the Dust . . Perhaps Forever!

It's official. On March 27, 2017, President Trump signed the Congressional Review Act (CRA) resolution (H.J. Res. 37) invalidating the regulations that implemented President Obama’s Fair Pay and Safe Workplaces Executive...more

Congress Boots the "Blacklisting" Regulation and Sends it to the President’s Desk

On March 6, 2017, on a narrow straight party line vote of 49–48, the U.S. Senate passed a Congressional Review Act (CRA) Joint Resolution of Disapproval, which moots Executive Order (EO) 13673, "Fair Pay and Safe...more

Blowin' in the Wind? The Evolution of a Balanced Analysis of Workplace Policies by the NLRB

On February 24 , 2017, a two-member majority (Members Mark Gaston Pearce and Lauren McFerran) of the National Labor Relations Board, over the dissent of Acting Chairman Philip Miscimarra, struck down yet another handbook...more

Who Is Alexander Acosta, and Will He Be the New Labor Secretary?

Within less than 24 hours following the withdrawal of Andrew Puzder, President Trump’s first choice to fill the position of Secretary of Labor, the president announced at a press conference on Thursday, February 16 that his...more

I Can See Clearly Now (Well, Almost): Congress Initiates Legislation to Abolish the Contractor Blacklisting Regulations

It’s not quite time for federal contractors to pop the cork and pour the champagne, but it may be time to get out the flutes and chill a bottle. The new Congress has taken the first step toward extinguishing the...more

President Trump Announces His Supreme Court Nominee: Neil M. Gorsuch

On January 31, President Donald Trump announced his choice to fill the Supreme Court of the United States vacancy created by the death of the late Associate Justice Antonin Scalia: Judge Neil M. Gorsuch, from the U.S. Court...more

President Names Miscimarra as Acting Chair of the National Labor Relations Board

On January 26, President Donald Trump announced the designation of current National Labor Relations Board Member Philip Miscimarra as the Board's Acting Chairman, replacing former Board Chairman Mark Gaston Pearce. Miscimarra...more

What Does U.S. Withdrawal From the Trans-Pacific Partnership Mean for Labor and Employment Policy?

On January 23, 2017, in his first full weekday in office, President Donald Trump fulfilled a campaign promise by signing a presidential memorandum taking executive action formally withdrawing the United States from the...more

Inauguration Day 2017: President Donald Trump

One year ago, few people outside of candidate Donald Trump and his closest and most loyal supporters imagined that January 20, 2017, would mark his inauguration as the 45th president of the United States. Regardless, today an...more

“Change” Comes to Washington—What to Expect

On January 3, 2017, the 115th U.S. Congress opened with Republican majorities in both houses: ..U.S. Senate: 52 Republicans and 46 Democrats and 2 Independents who Caucus with the Democrats ..U.S. House of...more

President-Elect Trump Announces the New Secretary of Labor

Today, President-elect Donald Trump announced Andrew Franklin (Andy) Puzder, 66, chief executive officer of CKE Restaurants, as his choice for Secretary of the U.S. Department of Labor. In 2016, Puzder was a Trump...more

What We Know and What We Don't Know About the New Trump Administration

The traditional frenetic pace of activity in Washington, D.C., following a presidential election has begun in earnest as transition teams are formed for each federal agency, resumes for the 1,300 newly vacant positions are...more

11/21/2016  /  DOL , EEOC , HELP , NLRB , Trump Administration

Federal Court Permanently Enjoins the Persuader Rule

On November 16, 2016, the U.S. District Court for the Northern District of Texas (Lubbock Division) converted its injunction preventing implementation of the U.S. Department of Labor’s revised persuader rule on a national...more

The Results Are In: The Consequences of the 2016 Elections for Labor and Employment Policy

Some may recall the scene in the movie, Network, in which actor Peter Finch launched into an angry rant on his television news show shouting "I'm as mad as hell, and I'm not going to take this anymore!" He encouraged his...more

Open the Floodgates: NLRB Announces Misclassification of Independent Contractors Can, In Itself, Violate Section 8(a)(1)

On August 26, 2016, the National Labor Relations Board's Division of Advice publicly released an advice memorandum from December of 2015 in which it found a Section 8(a)(1) violation for an employer's misclassification of...more

Lubbock Judge Grants Motion to Halt Persuader Rule

On June 27, 2016, in National Federation of Independent Business et al. v. Perez, et al., the U.S. District Court for the Northern District of Texas (Lubbock Division) granted Plaintiffs’ Motion for a Preliminary Injunction,...more

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