President Signs Coronavirus Legislation. Last night, the President signed the "Families First Coronavirus Response Act" (H.R. 6201), which will require employers with less than 500 employees to provide two weeks of paid sick...more
3/23/2020
This morning Speaker Nancy Pelosi circulated legislation for introduction, entitled the “Take Responsibility for Workers and Families Act” (the “Pelosi bill”) (which is over 1,100 pages long), apparently to position the U.S....more
Seyfarth Synopsis: As reported in Part II of our “Paid Leave and Coronavirus” series, the U. S. House of Representatives (the “House”) passed the Families First Coronavirus Response Act (“HR 6201” or the “Bill”) in the early...more
Seyfarth Synopsis: As the country continues to adjust to new realities created by the 2019 Novel Coronavirus disease, also known as COVID-19, the U. S. House of Representatives passed the Families First Coronavirus Response...more
3/17/2020
/ China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Health and Safety ,
Infectious Diseases ,
Legislative Agendas ,
Paid Time Off (PTO) ,
Public Health ,
Sick Leave ,
Sick Pay ,
Trump Administration ,
Wage and Hour ,
Workplace Safety
Congress Approves $8.3 Billion Coronavirus Emergency Funding. The Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (H.R. 6074) is headed for the President’s desk. Among other things, the bill...more
3/16/2020
/ Administrative Appointments ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Emergency Response ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Funding ,
Federal Labor Laws ,
Health and Safety ,
Infectious Diseases ,
Legislative Agendas ,
NLRB ,
Pending Legislation ,
Public Health ,
Sick Leave ,
Trump Administration ,
Wage and Hour
Coronavirus and Sick Day Legislation. Hard on the heels of the President’s address yesterday, and the WHO declaration that the Coronavirus is now an international pandemic, there is obviously too much to report that could be...more
Congress Approves $8.3 Billion Coronavirus Emergency Funding. The Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (H.R. 6074) is headed for the President’s desk. ...more
NLRB Issues Final Joint Employer Rule. On February 26, the NLRB published its final rule governing joint employer status under the National Labor Relations Act. ...more
3/3/2020
/ #MeToo ,
Apprenticeships ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Department of Labor (DOL) ,
Employee Training ,
Employer Liability Issues ,
Federal Contractors ,
Federal Labor Laws ,
Final Rules ,
Franchises ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
Legislative Agendas ,
NLRA ,
NLRB ,
OFCCP ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process ,
Sexual Harassment ,
Staffing Agencies ,
Unions ,
Wage and Hour
In the wake of the impeachment proceedings, the State of the Union, the Administration’s budget proposal, and the initial rounds of the battle to see who gets the Democratic Presidential nomination, it’s been pretty quiet on...more
2/21/2020
/ #MeToo ,
Cannabidiol (CBD) oil ,
Department of Transportation (DOT) ,
Federal Labor Laws ,
Impeachment ,
Labor Law Violations ,
Labor Reform ,
Labor Regulations ,
Legislative Agendas ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Political Campaigns ,
Political Candidates ,
Presidential Elections ,
Regulatory Agenda ,
Rest and Meal Break ,
Sexual Harassment ,
State Labor Laws ,
Trucking Regulations ,
Trump Administration ,
Wage and Hour
All the President’s Budget. As you know, the Trump Administration’s FY2021 budget was submitted to the Congress last week. While effectively only a blueprint for future negotiations with Congress--particularly since it is the...more
2/21/2020
/ Caseloads ,
Congressional Investigations & Hearings ,
CW-1 ,
Data Collection ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Federal Budget ,
H-1B ,
H-2A ,
H-2B ,
Immigration Reform ,
Judicial Appointments ,
Legislative Agendas ,
Pay Data ,
Pay Discrimination ,
PERM ,
Prevailing Wages ,
Proposed Legislation ,
Regulatory Agenda ,
Rulemaking Process ,
Training ,
Trump Administration
PRO Act to Hit the Floor. The “Protecting the Right to Organize Act of 2019” (H.R. 2474) is headed to the House Floor next week. Amendments must be filed with the Rules Committee on Monday. As you know, the bill constitutes...more
2/7/2020
/ Cannabis Products ,
Credit Reports ,
Decriminalization of Marijuana ,
Employee Rights ,
Gig Economy ,
Labor Regulations ,
Labor Relations ,
Legislative Agendas ,
Marijuana ,
Medical Marijuana ,
Proposed Legislation ,
Recreational Use ,
Unions
With the eyes of Capitol Hill squarely focused on the Senate impeachment proceedings, we turn this week’s edition of Policy Matters to the states, where labor and employment-related legislative and regulatory activity...more
1/28/2020
/ Equal Rights Amendment (ERA) ,
Freelance Workers ,
Gender-Based Pay Discrimination ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Layoff Notices ,
Layoffs ,
Legislative Agendas ,
Pay Gap ,
Salary/Wage History ,
Severance Pay ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Happy 2020! Welcome to the first edition of Policy Matters in this Presidential election year! Understandably, most of the Capitol’s attention has been focused on impeachment proceedings (or the lack thereof) and the conflict...more
1/20/2020
/ Back Wages ,
Davis-Bacon Act ,
Elder Issues ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Labor Regulations ,
Legislative Agendas ,
Pregnancy ,
Pregnancy Discrimination ,
Proposed Legislation ,
Restaurant Industry ,
State and Local Government ,
State Labor Laws ,
Tip Credit ,
Tipped Employees ,
Tips ,
Vulnerable Victims ,
Wage and Hour ,
Wages
Another Future of Work Hearing Scheduled. The House Higher Education and Workforce Development Subcommittee has announced a hearing titled “The Future of Work: Ensuring Workers Are Competitive in a Rapidly Changing Economy.”...more
12/13/2019
/ Employer Liability Issues ,
Farm Workers ,
Food Service Workers ,
H-2A ,
Immigration Reform ,
Legislative Agendas ,
Minimum Wage ,
NLRB ,
Paid Family Leave Law ,
Paid Time Off (PTO) ,
Pending Legislation ,
Regulatory Reform ,
Regulatory Standards ,
Restaurant Industry ,
Rulemaking Process ,
Tipped Employees ,
Tips ,
Wage and Hour
WHD Rulemakings Full Speed Ahead. This is a busy time for the Wage & Hour Division’s regulatory agenda. Early in the week, the White House approved its final rule updating the regular rate regulations. The updates are...more
12/6/2019
/ Comment Period ,
Compensation & Benefits ,
Data Collection ,
EEO-1 ,
Employee Benefits ,
Employer Liability Issues ,
Equal Pay ,
Family and Medical Leave Act (FMLA) ,
Gender-Based Pay Discrimination ,
Joint Employers ,
Labor Regulations ,
Legislative Agendas ,
Marijuana ,
OFCCP ,
Over-Time ,
Paid Leave ,
Paid Time Off (PTO) ,
Pay Gap ,
Proposed Legislation ,
Rate of Pay ,
Recreational Use ,
Regulatory Agenda ,
Tipped Employees ,
Tips ,
Trump Administration ,
Wage and Hour
Once. Twice. Three Times for JE. This week, the Administration released its Fall 2019 Regulatory Agenda, which identifies the work expected to be done by the regulatory agencies during the next year. Key among the labor...more
11/27/2019
/ Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Mine Safety and Health Administration (MSHA) ,
NLRB ,
OSHA ,
Proposed Rules ,
Regulatory Agenda ,
USCIS ,
Wage & Hour Division (WHD) ,
Workplace Violence Prevention Programs
Electronic H-2B Notifications Coming Soon. The Departments of Labor and Homeland Security issued a final rule modernizing the recruitment requirements under the H-2B program. Specifically, the Departments have eliminated the...more
11/18/2019
/ Apprenticeships ,
Congressional Investigations & Hearings ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Federal Labor Laws ,
H-2B ,
Job Ads ,
Minimum Salary ,
Minimum Wage ,
Paid Leave ,
Reporting Requirements ,
State Labor Laws ,
Trump Administration
Right of First Refusal EO Revoked. Last week, President Trump issued an Executive Order revoking Executive Order 13495 issued by President Obama in January 2009. EO 13495 required that successor Federal service contractors...more
11/11/2019
/ Administrative Authority ,
Amicus Briefs ,
Bonuses ,
Employee Benefits ,
Employment Contract ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Fluctuating Workweek ,
General Motors ,
Health Care Providers ,
Health Insurance ,
Labor Regulations ,
Legislative Agendas ,
Military Service Members ,
National Interest Waiver ,
NLRB ,
OFCCP ,
Offensive Language ,
Pending Legislation ,
Proposed Rules ,
Regulatory Agenda ,
Retirement ,
Right of First Refusal ,
Rulemaking Process ,
Salaried Employees ,
Section 7 ,
TRICARE ,
Trump Administration ,
Wage and Hour
Seyfarth Synopsis: On August 23, the Securities and Exchange Commission (the “Commission”), in a release entitled “Modernization of Regulation S- K Items 101, 103, and 105”, proposed changes to Regulation S-K significantly...more
Seyfarth Synopsis: On July 24, 2019, U.S. Citizenship and Immigration Services (USCIS), the immigration-benefits component of the Department of Homeland Security (DHS), published a final regulation on “EB-5 Immigrant...more
7/31/2019
/ EB-5 ,
Economic Development ,
Foreign Investment ,
Hiring & Firing ,
Immigrant Investment Visas ,
Immigrant Investor Program ,
Immigration Procedures ,
Immigration Reform ,
Job Creation ,
Targeted Employment Area ,
USCIS
Seyfarth Synopsis: The U.S. District Court for the District of Columbia vacates the Office of Management and Budget’s (OMB) prior order staying the implementation of the revised EEO-1 Report which required employers to report...more
3/8/2019
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
OMB ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Reporting Requirements ,
Wage and Hour
Seyfarth Synopsis: On Wednesday, February 13, Seyfarth Shaw’s Camille A. Olson testified at a joint hearing of the House Subcommittee on Civil Rights and Human Services and the Subcommittee on Workforce Protections on the...more
2/15/2019
/ Congressional Investigations & Hearings ,
Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Legislative Agendas ,
Pay Equity Laws ,
Pay Gap ,
Proposed Legislation ,
Testimony ,
Wage and Hour