Employment Law This Week: NLRB’s “Quickie Election” Rules, Layoff Doesn’t Violate FMLA, Plans Exempt from ERISA, Amended “Persuader Rule”
Employment Law This Week: Fiduciary Rule Takes Effect June 9, Rescission of Persuader Rule, Title VII & Sexual Orientation, Overhauling the NLRA
Employment Law This Week: The Year Ahead, New Labor Secretary, “Persuader Rule” Case, New York Salary Thresholds, Mental Health Discrimination
Employment Law This Week®: Retaliation Guidance, Class Action Waivers, “Persuader Rule” Injunction, “Cat’s Paw” Doctrine
Employment Law This Week: Discrimination Claims, Employee Wellness Notice, Persuader Rule, Pin Ban
Infrastructure Plan Scuttlebutt. With Congress not returning to Washington, D.C., until next week, the White House’s American Jobs Plan proposal is still driving much of the political discussion in town this week. Of course,...more
Labor law, along with other employment-related policy matters, is at the forefront of the political, economic, and oftentimes cultural divide in the nation. With the change in Presidential administrations, some knowledgeable...more
The U.S. House of Representatives just passed a bill that would tilt the scales of labor law unequivocally in favor of organized labor. The Protecting the Right to Organize (PRO) Act would bring about a radical shift in labor...more
1.Business lobbyists reportedly are urging the Trump Administration to not re-nominate National Labor Relations Board (NLRB) Member Mark Gaston Pearce (D) for a third term. Pearce’s term at the five-member Board is scheduled...more
The latest Unified Agenda of Regulatory and Deregulatory Actions ("spring agenda") continues this administration's trend of adding fewer new rules and reexamining older ones. ...more
When Trump was a brand-new President (or force of nature, depending on how you look at it), we observed that the dawn of his administration would not necessarily augur wholesale changes to the overall landscape of legal...more
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
During the prior administration, congressional gridlock prevented many significant labor and employment bills from advancing. Federal agencies picked up the slack, issuing several rules to help carry out much of President...more
Five months into President Trump's term, his administration's workplace policy is beginning to take shape. From notable developments at the Department of Labor (DOL), to long-awaited nominations to the National Labor...more
On April 27, 2017, the Senate confirmed R. Alexander Acosta as the Secretary of Labor. More than four months after President Trump took office, the U.S. Department of Labor finally had a new leader....more
The U.S. Justice Department has abruptly reversed course in a U.S. Supreme Court case concerning an employment agreement that restricts employees from participating in class and collective lawsuits, arguing that a mandatory...more
As we reported last month, the DOL was considering what to do with the enjoined persuader rules, new regulations that would have drastically changed the interpretation of the advice exemption to the LMRDA reporting...more
The Department of Labor (“DOL” or “Department”) has continued its efforts towards eliminating the “Persuader Rule”, a controversial Obama-era regulation which requires employers to report arrangements made with third parties...more
The Trump Administration has begun the process to rescind the “2016 Persuader Rule,” one of the most contentious employment-related regulations issued during the Obama Administration. Earlier this week, the U.S. Department of...more
Change is coming. We noted recently that the administration is thinking about changing the newly adopted persuader regulations. We also know that a majority of make-up of the NLRB is likely to shift very soon, and with it...more
The fight over the Department of Labor’s attempt to “clarify” the 50 plus year interpretation of the persuader rules may be coming to an end. After its implementation, the persuader rule was immediately challenged in...more
As we discussed yesterday at Mintz Levin’s Third Annual Employment Law Summit, big changes are likely in the offing as all three branches of our federal government begin to deal with labor and employment issues following...more
It has been a little less than a month since President Donald Trump took office, and employers are anxious to see what changes the new administration will make that will affect both businesses and employees. President Trump...more
The Trump administration's "Regulatory Freeze Pending Review" (Freeze Memo) instructs the heads of federal executive departments and agencies to send no regulation to the Office of Federal Register (OFR) until a presidential...more
Introduction - In comparison to recent history, 2016 was a tame year for the National Labor Relations Board (“NLRB” or “the Board”). While continuing to issue decisions that left employers scratching their heads, the...more
President Trump's nomination of Judge Neil M. Gorsuch could shape the U.S. Supreme Court for years to come because of the judge's relatively young age (49) and because he could be part of a conservative majority on the Court,...more
On January 20, 2017, White House Chief of Staff Reince Priebus issued a memorandum addressed to the heads of executive departments and agencies, including the Department of Labor (DOL), instructing them to freeze new or...more
One of the first acts of the new Administration on Inauguration Day was to issue a memorandum putting the brakes—at least temporarily—on federal regulations that have not yet taken effect, and to release an executive order...more
On January 12, 2017, the Department of Labor filed a notice of appeal of District Judge Sam R. Cummings’ November order that blocked the Department of Labor’s controversial “persuader rule.” The rule, discussed by HRLegalist...more
Today is Inauguration Day, and it is safe to assume that significant policy and enforcement changes will be made during the presidency of Donald J. Trump. Those changes will include new judges on the federal courts, new...more