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On March 31, the Office of Federal Contract Compliance Programs (OFCCP) rescinded a Trump Administration rule that provided a faith-based carve-out exempting federal contractors from compliance with certain...more
This action to order the publication in Final form of OFCCP’s highly controversial Religious Exemption Rule was either one of the most courageous political acts I have seen a President take in recent years or was one of the...more
Monday, February 27, 2023: NLRB Advice Memo: Workplace Discussions of Racism Are NLRA-Protected Concerted Activity (Even for Non-Unionized Employees) Tweets Discussing Case Also Protected - Workplace group discussions...more
On July 29, 2021, the Department of Labor (“DOL”) announced that it will rescind a Trump administration rule that limited the circumstances in which multiple employers could be deemed “joint” employers of the same employee....more
On May 6, 2021, in a much-anticipated move, the Biden Administration announced a final rule withdrawing the employer-friendly independent contractor test published in the last few weeks of Donald Trump’s presidency. The...more
The U.S. Department of Labor (DOL) officially withdrew a Trump-era rule that had been announced to clarify independent contractor status under the Fair Labor Standards Act (FLSA). The repeal took effect on May 6, 2021. The...more
President Joe Biden’s campaign advocated for workers’ rights and sought to prevent the misclassification of employees as independent contractors. In accordance with his platform, on May 5, 2021, the Biden Administration...more
On May 11, 2021, U.S. Environmental Protection Agency (EPA) Administrator Michael S. Regan signed a Final Rule rescinding EPA regulation, 40 C.F.R. Part 2, Subpart D, which final rule becomes effective upon publication in the...more
In February 2020, as a result of the COVID-19 global pandemic, former President Trump signed a Presidential Proclamation that instituted travel restrictions on foreign nationals traveling to the U.S. from certain countries,...more
On February 24, 2021, the Biden administration issued a proclamation immediately revoking the prior administration’s Proclamation 10014 of April 22, 2020, that blocked individuals from entering the United States on immigrant...more
Presidential Proclamation 10014 “Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak,” was rescinded by President...more
President Joe Biden signed on Jan. 25, 2021, executive order (EO) "Ensuring the Future Is Made in All of America by All of America's Workers," that directs a process for updating domestic preferences. This EO builds upon a...more
On his first day in office, President Biden revoked a controversial executive order enacted in September 2020 by then-President Trump, which prohibited federal contractors from conducting certain types of workplace diversity...more
The U.S. Department of State announced that Sudan’s designation as a “State Sponsor of Terrorism” has been officially rescinded effective December 14, 2020. In October, the President notified Congress that Sudan’s designation...more
On August 19, 2020, the Trump administration made a major announcement that marks the latest development in the ever-evolving saga of the Food and Drug Administration’s (FDA) oversight of laboratory-developed tests (LDTs)....more
Last week, Judge Yvonne Gonzalez Rogers vacated BLM’s rescission of the 2016 methane “Waste Prevention Rule.” Although Judge Rogers found many flaws in the rescission rule, I think that two are key. The first is the...more
On June 18, 2020, the US Supreme Court ruled that the Trump Administration's termination of the Deferred Action for Children Arrivals (DACA) program violated Federal law....more
Court Decision - On June 18, 2020, the U.S. Supreme Court ruled that the U.S. Department of Homeland Security (DHS) decision in 2017 to rescind the Deferred Action for Childhood Arrivals (DACA) program violated the...more
The Trump administration has already announced its goal to end the Deferred Action for Childhood Arrivals (DACA) policy commenced on June 15, 2012 by President Obama within the next six months post the decision of the U.S....more
The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more
In a landmark 5–4 decision issued June 18, the US Supreme Court held that the Department of Homeland Security’s rescission of the Deferred Action for Childhood Arrivals (DACA) program was unlawful agency action....more
Breaking the hearts of conservatives for the second time in a week, Chief Justice John Roberts penned a 5-4 majority decision striking down the Trump Administration’s 2017 rescission of the Deferred Action for Childhood...more
As previously reported by Mintz, last week the U.S. Supreme Court upheld three lower court rulings, holding that President Trump’s 2017 move to rescind the Deferred Action for Childhood Arrivals (DACA) program was unlawful...more
Seyfarth Synopsis: The Supreme Court allows DACA to proceed on the grounds that DHS did not meet the regulatory Administrative Procedures Act requirements in rescinding the program. The Court did not rule on the legality of...more
- The U.S. Supreme Court held that the Trump administration did not properly terminate the DACA program under the APA. - The DACA program is restored to its full form, as it existed prior to the rescission in 2017. -...more