News & Analysis as of

Obama Administration

Congressional Review Act: Allan Gates (Mitchell Williams Law Firm) American College of Environmental Lawyers Blog Post

My law firm partner, Allan Gates, authored a December 7th post on the American College of Environmental Lawyers (“ACOEL”) blog titled: It Ain’t Over ‘til It’s Over - - The Congressional Review Act & the Search for Zombie...more

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

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

AG’s Conflicting Marijuana Policy Comments Leave Some Dazed And Confused

by Fisher Phillips on

If you have been following recent comments by Attorney General Jeff Sessions in an attempt to predict marijuana policy under the Trump Administration, you might be left scratching your head. In recent comments before...more

Former National Security Advisor, Michael Flynn, Charged with Lying to the FBI, and Pleads Guilty

On November 30, 2017, a two-page criminal information was filed by Robert S. Mueller III’s Special Counsel’s Office, charging Michael Flynn with two counts of “willfully and knowingly” making “materially false, fictitious,...more

In Directional Shift, US Implements New Restrictions on Cuba

On November 8, 2017, the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), the U.S. Department of Commerce's Bureau of Industry and Security (BIS), and the U.S. Department of State announced...more

EPA And The Corps Propose To Add Years To “Effective” Applicability Date Of WOTUS Rule

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) proposed a rule that would add an applicability date two years in the future to the Obama-era Waters of the United...more

Pay Equity Advocates Push for Expanded EEO-1 Data

by Fisher Phillips on

Two advocacy organizations, concerned that national pay equity action has been stalled, recently filed a lawsuit in federal court aiming to resurrect the beefed-up EEO-1 reporting requirements which would have forced...more

[Webinar] Regulatory Update: OSHA's PSM Standard & EPA's RMP Rule - December 12th, 1:00pm ET

by Conn Maciel Carey LLP on

Following the tragic West Fertilizer explosion in 2013, Pres. Obama issued an Executive Order directing OSHA, EPA and other agencies to “modernize” the manner in which the government regulates chemical manufacturing...more

Thanksgiving Message - Thanksgiving 1967 and 2017

by Sanford Millar on

My Thanksgiving Message is that our country is strong and there is reason to be optimistic. Why, look at some of the challenges we overcame 50 years ago; here is a brief recap using random points of comparison....more

Changes Ahead At the Consumer Financial Protection Bureau

by Butler Snow LLP on

Richard Cordray was confirmed as the head of the Consumer Financial Protection Bureau (CFPB) in 2013 under President Barack Obama. The CFPB was formed by Congress following the 2008 financial crisis. Although his term ends...more

Weekly Update Newsletter - November 2017 #2

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - “Mid-Sized Businesses: Too Big to be Small and Too Small to be Big” House Small Business Committee Press Release, November 14, 2017. Retrieved from smallbusiness.house.gov The House Committee on...more

Salary-Threshold Autopilot Still Possible

by Fisher Phillips on

A BloombergBNA report suggests that the U.S. Department of Labor is seriously considering retaining the Obama Administration's procedure (or something like it) for automatic "updates" to the compensation thresholds specified...more

Retrenchment on Cuban Sanctions; The Search for a Middle Ground

The Trump Administration has made good on its promise to cut back on the liberalized Cuban policy implemented by the Obama Administration with a new regime that introduces new travel restrictions as well as broad prohibitions...more

Sue and Settle is Gone: EPA Administrator Revises EPA Litigation Policy

by Williams Mullen on

A prominent characteristic of the Obama EPA was its close relationship with national environmental groups. The most controversial EPA rulemakings seemed to be the by-product of litigation settlements when environmental...more

Currents - Energy Industry Insights - November 2017 #2

Wheeling Resident David Zatezalo Confirmed to Lead MSHA - "In a strict party-line vote, the U.S. Senate confirmed Wheeling resident David Zatezalo to lead the federal Mine Safety and Health Administration. The vote to...more

US implements key changes to Cuba sanctions financial transactions and travel provisions

by Dentons on

Effective November 9, 2017, the US Department of Treasury’s Office of Foreign Assets Control (OFAC) and the US Department of Commerce’s Bureau of Industry and Security (BIS) amended the Cuban Assets Control Regulations (CACR)...more

Lights Out For The Clean Power Plan

by Bryan Cave on

On October 10, 2017, EPA Administrator Pruitt signed a Proposed Rule to repeal the Obama administration’s Clean Power Plan—officially titled the Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric...more

With Overtime Appeal On Hold, When Should We Expect New Regulations?

The U.S. Court of Appeals for the Fifth Circuit has granted a motion filed by the U.S. Department of Labor (DOL) to hold in abeyance the DOL’s appeal of a district court decision that invalidated controversial federal...more

The USDA’s bioengineered food disclosure standard: Where are we now?

by Thompson Coburn LLP on

More than halfway through the two-year period Congress gave the U.S. Department of Agriculture to develop a disclosure standard and labeling procedures for bioengineered foods, the affected industries are still left with more...more

President Trump Blocks Sale of U.S. Company to Chinese Buyers Under CFIUS

by Williams Mullen on

On September 13, 2017 President Trump ordered that the acquisition of Lattice Semiconductor Corporation by Chinese purchasers be “prohibited” under CFIUS. While this is the first publically announced blocking of an...more

The Obama Administration’s Overtime Final Rule: Unlawful and Revisited

by Benesch on

On October 30, 2017, the Department of Labor (the “Department”) filed a notice to appeal a decision by Judge Amos Mazzant of the Eastern District of Texas, holding that the Overtime Final Rule (“Final Rule”) was unlawful. The...more

Department of Labor's Fiduciary Rule

by Ropes & Gray LLP on

David Tittsworth, Ropes & Gray investment management counsel, analyzes the possible fate of the Department of Labor’s Fiduciary Rule. ____ In April 2016, the Department of Labor issued a final rule that amends the...more

USDOL Appeals Ruling Against Its "Overtime Rule" (Updated 10/31/17)

by Fisher Phillips on

The U.S. Department of Labor, on October 30th has filed a notice that it is appealing September's summary-judgment ruling against the compensation-related changes the agency sought to make in regulations defining the federal...more

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