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Labor & Employment Elections & Politics

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

New Labor Board GC Signals Overturning Obama-Era Rulings, But Anticipated Vacancies and Recusals Create Uncertainty

On November 8, 2017, Peter B. Robb was sworn in as the General Counsel (GC) of the NLRB for a four year term. Robb succeeds Richard Griffin, who has been the GC since November 2013. Robb wasted no time in taking initial steps...more

Tax Reform: Nonprofits and their Executives Brace for Impact

The Senate voted yesterday to begin formal negotiations with the House of Representatives to reconcile their two versions of the Tax Cuts and Jobs Act, a bill that seeks to make sweeping changes to federal tax law....more

NLRB GC Boldly Defines Direction of Board Prosecution in New GC Memo

The new NLRB General Counsel Peter Robb has been fast at work. A short two weeks after being sworn in on November 17, 2017, the new General Counsel issued a memorandum making clear his intention to re-examine much of the...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

The UK and EU made a significant breakthrough early this morning to “unlock” Brexit divorce negotiations. The still-rough agreement would see Britain repaying $53 billion and addressed in at least vague terms thorny issues...more

SLOW DOWN Congress: You Are About To Render The FAA Inapplicable To Employment Disputes (And Class Waivers), And You Probably...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Pending bi-partisan legislation aimed at preventing employers from enforcing arbitration agreements of sexual harassment claims might make employers unable to enforce arbitration agreements, and class...more

Proposed Bill Would Prohibit Confidentiality in Sexual Harassment Settlement Agreements

In light of the sexual misconduct scandals that have dominated the news as of late, it was only a matter of time before proposed legislative responses would arise. Pennsylvania employers should take note of one proposed bill...more

November 2017: The Top 14 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. November was no...more

U.S. Supreme Court Allows Third Version of Travel Ban to Take Effect

by Shipman & Goodwin LLP on

On December 4, 2017 the U.S. Supreme Court issued two orders staying preliminary injunctions against President Trump’s latest travel ban, allowing that ban to take effect while ongoing legal challenges to it are being...more

New Jersey Proposes to Drastically Restrict the Use of Non-Compete Agreements

Last month, the New Jersey State Senate introduced Senate Bill 3518 (the “Bill”), which, if passed, will severely restrict the use and enforceability of employee non-compete agreements in the state of New Jersey. Most...more

Update: Tip Pooling by Restaurant Owners Remains in Flux

by Goulston & Storrs PC on

This past April, we reported on a recent Ninth Circuit ruling which upheld a 2011 Department of Labor (“DOL”) rule that prohibits restaurants from instituting tip-pooling arrangements that include both front-of-house staff...more

DOL's Proposed Rule Change to Give Employers Increased Flexibility to Distribute or Retain Tips from Employees Earning the Full...

by FordHarrison on

On December 5, 2017, the U.S. Department of Labor (DOL) published its Notice of Proposed Rulemaking (NPRM) to reverse the Obama Administration’s tip rule prohibiting the distribution of tips to anyone other than the...more

Third Time’s The Charm for Trump Travel Ban

by Genova Burns LLC on

On December 4 the U.S. Supreme Court cleared the way for the third version of President Trump’s travel ban to take effect, staying injunctions handed down by two U.S. District Courts in October. The Administration’s latest...more

New Labor Board General Counsel Rescinds Guidance Declaring Student-Athletes ‘Employees’

by Jackson Lewis P.C. on

One of the first actions of new National Labor Relations Board General Counsel Peter Robb was to rescind guidance that college football players at private universities are employees under the National Labor Relations Act. ...more

New Transgender Rights Requirements for California Employers

by Hogan Lovells on

Transgender and gender non-conforming employees now have added protections in California workplaces. On October 15, 2017, Governor Jerry Brown of California signed an amendment to California’s Fair Employment and Housing Act...more

New Jersey Bill Would Limit Non-Compete Agreements

by Jackson Lewis P.C. on

A bill in the New Jersey Senate, Senate Bill 3518 (“SB 3518”), and an identical companion bill in the New Jersey Assembly (Assembly Bill 5261), would significantly curtail the use of non-compete agreements in New Jersey. In...more

Say Yes to Mugno

by Kelley Drye & Warren LLP on

In late October, President Trump nominated FedEx Ground official, Scott Mugno, as OSHA Director. Many critics of this Administration will be surprised to learn that Mr. Mugno appears to have an open mind and is not planning...more

The Supreme Court Allows Pres. Trump’s Immigration Proclamation to Take Effect

by Miller Canfield on

The Supreme Court has issued orders allowing the Trump Administration to enforce a ban on travel to the United States while the Ninth U.S. Circuit and Fourth U.S. Circuit Court of Appeals rule on its legality. As we...more

US Supreme Court Permits Full 'Travel Ban' to Go Into Effect

by Morgan Lewis on

Pending further appeals, the Court’s decisions grant the federal government’s request to enforce President Trump’s September 24 executive order that limits entry into the United States by nationals from eight countries....more

Supreme Court Allows Full Enforcement of President Trump’s Most Recent Travel Ban

On December 4, 2017, the Supreme Court of the United States approved the Trump administration’s request to allow full enforcement of its most recent travel ban while challenges against it continue within the federal judicial...more

Department of Labor Extends Transition Period for Exemptions Under the Fiduciary Rule

On November 27, 2017, the U.S. Department of Labor (DOL) extended the transition period for its conflict of interest regulation (commonly referred to as the "fiduciary rule") until July 1, 2019....more

Senate Stays Up Late to Approve Tax Bill

Early in the morning on Saturday, December 2, 2017 (it was nearly 2 AM Eastern!), the Senate voted 51-49, drawn mostly along party lines, to pass its version of the tax reform bill described in our previous blog posts....more

San Francisco Regulators Provide Anticipated Guidance For Lactation Ordinance

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In June 2017, the San Francisco Board of Supervisors passed an ordinance requiring employers to provide a private “lactation location” where new mothers can pump their milk as well as a “lactation break”...more

Approved Senate Tax Bill Addresses Paid Leave, Sexual Harassment Settlement Nondisclosures

by Littler on

Buried in the massive Tax Cuts and Jobs Act (H.R. 1), the tax overhaul legislation the Senate approved on December 2, 2017, is a section providing a tax credit to employers that provide their employees with paid family and...more

Big Brother is Watching You: Feds Now Vetting Foreign Workers Via Social Media

by Akerman LLP - HR Defense on

Employers may need to start “following” the information their foreign national workers share on Twitter or Facebook, as the Department of Homeland Security is turning social media into the federal government’s latest...more

A Solution in Search of a Problem: The California Legislature Imposes Duties for Employers When ICE Audits Your I-9s

California Assembly Bill (AB 450) is a bold move by the State Legislature to enter the I-9 arena – an area that has long been recognized as within the domain of the federal government. The Bill was signed by Governor Jerry...more

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