News & Analysis as of

Trump Administration Comment Period

Latham & Watkins LLP

5 Things to Know About EPA’s Proposed Power Plant CO2 Emissions Rule

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EPA’s long-awaited proposal would set aggressive emission reduction targets with many different approaches and timelines to achieve them. On May 11, 2023, the US Environmental Protection Agency (EPA) released its...more

DirectEmployers Association

OFCCP Week In Review - January 2023 #4

Tuesday, January 17, 2023: U.S. Appellate Court for D.C. Circuit Blocked Key Aspects of Trump-Era NLRB Union Election Rule - Trump NLRB Should Have Sought Public Comment on 3 Key Changes, Court Majority Ruled - ...more

Torres Trade Law, PLLC

USTR Accepting Comments on China Section 301 Tariffs Beginning November 15th

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The Office of the United States Trade Representative (“USTR”) is conducting a review of the China Section 301 tariffs that were put into place in 2018 under the Trump administration. The USTR is required to review its tariffs...more

McDermott Will & Emery

The DOL Has Issued New Proposed Independent Contractor Classification Rules: What Now?

McDermott Will & Emery on

On October 11, 2022, the United States Department of Labor (DOL) issued its Notice of Proposed Rulemaking (NPRM) seeking to undo the Trump administration’s 2021 independent contractor regulations and revert to the six-factor...more

Sheppard Mullin Richter & Hampton LLP

China Tariffs: USTR Requests Comments for Review of Section 301 Tariffs

The United States Trade Representative (USTR) has announced the next steps in its review of Lists 1 and 2 of the Trump-era tariffs on Chinese imports. Today, on October 17, 2022, USTR published the official request for...more

Holland & Knight LLP

FRA Again Proposes Crew Size Regulation, Complicating Rail Union Negotiations

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The Federal Railroad Administration (FRA), the federal agency that regulates rail safety, introduced a Notice of Proposed Rulemaking (NPRM) on July 28, 2022, that addresses the number of employees required to operate a train,...more

Holland & Knight LLP

USITC Opens Investigation into Economic Impact of Section 301 and Section 232 Tariffs

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The U.S. International Trade Commission (USITC) announced in a notice issued on May 5, 2022, the commencement of a retrospective investigation of the economic impacts of Section 301 and Section 232 tariffs on the most...more

DirectEmployers Association

OFCCP Week In Review: April 2022

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Waters of the United States/U.S. Environmental Protection Agency/Army Corps of Engineers Proposed Rule: Agricultural Organizations...

Twenty-two agricultural organizations submitted February 7th comments to the United States Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”) addressing the federal agencies’ joint proposed rule to...more

Polsinelli

OFCCP Announces Rescission of 2020 Rule Expanding the Religious Exemption Under Executive Order 11246

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On November 9, 2021, the Office of Federal Contract Compliance Programs (OFCCP) published a proposed rule rescinding its December 2020 Final Rule broadening the religious exemption from Executive Order 11246’s...more

Jackson Lewis P.C.

Administration Proposes New DACA Rule

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Reacting to a ruling from a federal district court judge in Texas, the Biden Administration proposed a new DACA (Deferred Action for Childhood Arrivals) rule that would strengthen protections for the “Dreamers.”...more

Morrison & Foerster LLP - Government...

Proposed Rule For Tightening Buy American Act Restrictions

We previously commented on one aspect of the Trump Administration’s America-First policies that the Biden Administration has embraced wholeheartedly: doubling down on domestic preferences in Federal procurements. Consistent...more

Williams Mullen

Environmental Notes - July 2021

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Can you still build a bulkhead along the shoreline in coastal Virginia to protect your property? Well, it depends, but now the answer is more likely to be “no.” Major changes to how Virginia tidal waterfront property owners...more

Bradley Arant Boult Cummings LLP

Silverware Rollers Unite! DOL Proposes New Rule on Use of Tip Credit for Non-tipped Work

As we discussed in April, the Biden administration halted the implementation of some of the Trump administration’s changes to the rules on taking a tip credit for non-tipped work. For those that never have had a server job,...more

Nossaman LLP

Trump Administration Bird Rule on the Chopping Block

Nossaman LLP on

On May 7, 2021, the U.S. Fish and Wildlife Service (USFWS), as many anticipated, published a proposed rule to revoke a Trump Administration rule impacting the scope of the Migratory Bird Treaty Act (MBTA).  The Trump...more

Husch Blackwell LLP

DoD Requests Comments On Supply Chain Risks For Strategic And Critical Materials

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The Department of Defense (“DoD”) requested industry comments by April 28, 2021 to assist with the DoD’s forthcoming report identifying risks and policy recommendations regarding the supply chain for strategic and critical...more

Fisher Phillips

White House Takes Next Step At Wiping Out Trump-Era Gig Economy Rule

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We knew it had been coming, but the Biden recently made it official: the Department of Labor announced it wants to rescind the gig economy rule that was originally crafted under President Trump’s tenure and was about to make...more

Holland & Knight LLP

DOL May Rescind Final Rules on Independent Contractor, Joint Employer Status

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The U.S. Department of Labor (DOL) proposed on March 11, 2021, withdrawing the independent contractor and joint employer final rules under the Fair Labor Standards Act (FLSA). The independent contractor final rule provides...more

DirectEmployers Association

OFCCP Week In Review: January 2021

Special Edition Week In Review: Read all about it! While many of you were at holiday over the last two weeks, your federal government was not, and a lot of news hit the wire. So, we were there and can now report what you...more

Gibney Anthony & Flaherty, LLP

Judge Strikes Down Rules Restricting Visas for High-Skilled Foreign Workers

A federal judge in California struck down two Trump administration rules that substantially altered the H-1B visa program for temporary professional workers and increased wage obligations for businesses employing certain...more

McGuireWoods Consulting

Washington Healthcare Update - November 2020 #2

McGuireWoods Consulting on

This week in Washington: House Minority Leader Kevin McCarthy announced he is waiting to see who will become the next House speaker before working on another COVID-19 stimulus package; Senate Appropriations Committee releases...more

DirectEmployers Association

OFCCP Week In Review: November 2020

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

Dentons

H-1B and Employment Immigration Processes Under Attack

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In its continuing effort to limit legal immigration, the Trump Administration announced two rule changes last week to radically limit H-1Bs and the most common employment-based permanent residence process. The first rule...more

DirectEmployers Association

OFCCP Week In Review: October 2020 #2

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

Constangy, Brooks, Smith & Prophete, LLP

New Rules Will Make It Harder To Get H-1B Petitions Approved, Significantly Raise Required Wages For H-1Bs And Green Cards

Thursday, the Trump Administration published in the Federal Register two new Interim Final Rules designed to reduce significantly the number of H-1B workers in the United States. They are- •A rule from the U.S. Department...more

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