Uh-oh: Government Shutdown Chances Increase. The Buzz continues to monitor the potential for a federal government shutdown. Last week, we noted a positive development: leadership in both the U.S. Senate and U.S. House of...more
8/28/2023
/ Ambush Election Rules ,
Assault Weapons Ban ,
Death Penalty ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Crimes ,
Government Shutdown ,
Law Enforcement ,
New Legislation ,
NLRB ,
Presidential Nominations ,
Sex Offender Registry ,
Sex Offenders ,
Strategic Planning ,
VAWA
Congress May Kick Appropriations Can to December. Like many of us, our elected federal legislators have grown more comfortable with working remotely. That is why this week, even though the U.S. Congress was out on its August...more
Congress Breaks While Shutdown Looms. It is August in Washington, D.C., and the U.S. Congress is on recess. When our federal legislators return in September, their top priority will be to fund the federal government beyond...more
Su Slips. Acting Secretary of Labor Julie Su’s chances of becoming the actual secretary of labor continued to dwindle this week. Multiple media reports indicate that the administration is no longer pushing for Su’s...more
7/31/2023
/ Child Labor ,
Congressional Committees ,
Congressional Investigations & Hearings ,
Department of Labor (DOL) ,
Form I-9 ,
Heat Exposure ,
Interim Final Rules (IFR) ,
Minimum Wage ,
OLMS ,
OSHA ,
Presidential Nominations ,
Wage and Hour
Su Nomination in Limbo. Late last week, Senator Joe Manchin publicly voiced his opposition to Julie Su’s nomination to be secretary of labor. ...more
Congress Returns, Works on “Must Pass” Bills. Following their Fourth of July recess, members of the U.S. Congress returned to Washington, D.C., this week and turned their attention to several “must pass” pieces of...more
7/17/2023
/ Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Legislative Agendas ,
NDAA ,
NLRB ,
Nominations ,
OIRA ,
OSHA ,
Over-Time ,
Reporting Requirements ,
Senate Confirmation Hearings ,
Wage and Hour
SCOTUS Recap. Because the Buzz was away briefly, we want to make sure that our readers have seen the thoughtful insights prepared by our colleagues on the impacts to employers stemming from the Supreme Court of the United...more
7/10/2023
/ Affirmative Action ,
College Admissions ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Groff v DeJoy ,
Mine Safety and Health Administration (MSHA) ,
Mining ,
NLRA ,
OIRA ,
Pay Data ,
Pregnant Workers Fairness Act ,
Presidential Nominations ,
Proposed Rules ,
Religious Accommodation ,
Silica ,
Title VII
Summer Arrives, but Congress Eyes Fall Deadlines. This week, the U.S. Congress wrapped up an extended period in Washington, D.C., before heading out for a two-week recess for the Independence Day holiday....more
West Coast Ports: Parties Reach Agreement. This week, ocean carriers and terminal operators at the twenty-nine West Coast ports in the United States announced a tentative agreement with the labor union that represents their...more
Debt Limit Done. Now What? With the Fiscal Responsibility Act of 2023 in the rearview mirror, this week the U.S. Congress turned to other matters. The U.S. Senate spent the week focusing on nominations to federal agencies. ...more
6/12/2023
/ Artificial Intelligence ,
Congressional Investigations & Hearings ,
Debt Ceiling ,
Department of Labor (DOL) ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Budget ,
NLRA ,
NLRB ,
Property Damage ,
Religious Discrimination ,
SCOTUS ,
Unions
Debt Ceiling Disaster Dodged. After months of political posturing, weeks of negotiating, and days of nail-biting, the U.S. Congress approved legislation to lift the debt limit to ensure continued payment of the nation’s...more
6/5/2023
/ Biden Administration ,
Debt Ceiling ,
Department of Labor (DOL) ,
Employee Monitoring ,
Family and Medical Leave Act (FMLA) ,
Federal Budget ,
Native American Issues ,
NLRB ,
NLRB General Counsel ,
Non-Compete Agreements ,
Trade Secrets
Debt Ceiling Debate Deadlock. Over the years, the Buzz has bemoaned our elected officials’ penchant for brinksmanship, but the current situation is getting ridiculous. Once again, negotiations over raising the debt ceiling...more
Congress Works While Debt Limit Looms. As our country speeds toward defaulting on its debts on June 1, 2023, the White House and congressional leaders are still looking for an agreement to raise the debt ceiling. The Buzz...more
SCOTUS to Revisit Precedent on Agency Deference. This week, the Supreme Court of the United States (SCOTUS) agreed to hear Loper Bright Enterprises v. Raimondo, a case that will invite the Court to overrule its 1984 decision...more
5/8/2023
/ Arbitration ,
Chevron Deference ,
Chevron v NRDC ,
Employee Misconduct ,
Minimum Wage ,
NLRB ,
OSHA ,
Presidential Nominations ,
Proposed Legislation ,
Race Discrimination ,
SCOTUS ,
Senate Confirmation Hearings ,
Workplace Hazards
He’s Running. President Joe Biden announced this week that he will run for reelection in 2024. President Biden has stated that he is the most pro-union president in history, so the Buzz will not be surprised if labor and...more
5/1/2023
/ Artificial Intelligence ,
Joe Biden ,
Joint Employers ,
Make-Whole Doctrine ,
NLRB ,
NLRB General Counsel ,
OSHA ,
OSHRC ,
Political Candidates ,
Presidential Elections ,
Presidential Nominations ,
Senate Confirmation Hearings ,
Unions
Senate Committee Vets Biden’s Labor Pick. -
On April 20, 2023, the U.S. Senate Committee on Health, Education, Labor and Pensions held a confirmation hearing on Acting Secretary of Labor Julie Su’s nomination to be...more
4/24/2023
/ Biden Administration ,
Confirmation Proceedings ,
Congressional Investigations & Hearings ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
Independent Contractors ,
NLRB ,
Non-Compete Agreements ,
Proposed Legislation ,
Secretary of Labor ,
Unions
POTUS Signs Bill Ending COVID-19 Emergency. On April 10, 2023, President Biden signed a congressional resolution officially ending the COVID-19 national emergency. The resolution was passed out of the U.S. House of...more
4/17/2023
/ Biden Administration ,
Coronavirus/COVID-19 ,
Federal Contractors ,
H-1B ,
NLRB ,
OSHA ,
Proposed Rules ,
Public Health Emergency ,
Recordkeeping Requirements ,
Unfair Labor Practices ,
USCIS
Michigan Repeals Right-to-Work Law. Late last week, Michigan Governor Gretchen Whitmer signed into law legislation repealing the state’s right-to-work law, which was enacted in 2012. Right-to-work laws allow for voluntary...more
POTUS Issues First Veto. On March 20, 2023, after more than two years in office, President Biden issued his first legislative veto. As expected, President Biden rejected the bipartisan Congressional Review Act resolution that...more
3/27/2023
/ Administrative Priority ,
Biden Administration ,
Climate Change ,
Department of Labor (DOL) ,
Environmental Social & Governance (ESG) ,
Federal Contractors ,
H-1B ,
NLRB ,
OFCCP ,
Presidential Veto ,
Retirement Plan ,
Scheduling Letters ,
Severance Agreements
Walsh Exits. March 10, 2023, marked Marty Walsh’s last day as U.S. secretary of labor. The duties of the secretary are now being handled by Acting Secretary of Labor Julie Su, who is waiting on the U.S. Senate to act on her...more
House of Representatives: Standing Room Only. On March 7, 2023, Jennifer McClellan (D-VA) was sworn in as a member of the U.S. House of Representatives after winning a special election last month to fill a seat that had been...more
POTUS Nominates Su to Lead DOL. This week, President Biden nominated Julie Su to serve as secretary of the U.S. Department of Labor (DOL) (the current secretary, Marty Walsh, is scheduled to leave his position later this...more
3/6/2023
/ Biden Administration ,
Child Labor ,
Congressional Review Act ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
EEO-1 ,
Employee Retirement Income Security Act (ERISA) ,
Federal Contractors ,
FOIA ,
OFCCP ,
Presidential Nominations ,
Wage and Hour
SCOTUS Rules in OT Case … More Challenges on the Way? On February 22, 2023, the Supreme Court of the United States issued a 6–3 decision holding that an employee making $200,000 each year is entitled to overtime pay under the...more
2/27/2023
/ Bureau of Labor Statistics ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Fees ,
Helix Energy Solutions Group Inc v Hewitt No 21-984 ,
Highly Compensated Employees ,
NLRB ,
Over-Time ,
SCOTUS ,
Severance Agreements ,
USCIS
Wilson Leaving FTC. Christine Wilson, the only Republican commissioner serving on the Federal Trade Commission, announced this week that she would be resigning her position. In an opinion piece printed by an internationally...more
Biden’s SOTU, Part II. This week, President Biden delivered his second State of the Union (SOTU) address to a joint session of the U.S. Congress. (Over the years, the Buzz has been quite candid with our feelings about the...more