Election Roundup: How a Trump Administration Could Shape the Oil and Gas Landscape
AGG Talks: Antitrust and White-Collar Crime Roundup Podcast - Episode 9: Exploring the DA’s Proof, Michael Cohen’s Cross-Examination, and Jury Scenarios in Trump’s Election Interference Trial
DE Under 3: Employment Poster Requirements & the U.S. DOJ’s First-Ever Criminal Anti-Trust Prosecution
DE Under 3: Agency Budget Requests, Transgender Day of Visibility traction, and the fall of Trump OFCCP’s “Four Pillars”
#WorkforceWednesday: SCOTUS in Review, Biden Acts to Limit Non-Competes, NY HERO Act Model Safety Plans - Employment Law This Week®
An Examination of the Death Penalty in America
JONES DAY TALKS®: Helms-Burton Cases Move Through Courts, and the State of U.S./Cuba Relations
Harvard/MIT Student Visa Case
Employment Law Now V-88- 4th Anniversary Special Episode
What Happens to President Trump's Immigration Proclamations During President Biden's First 100 Days?
Transfer of Power: Everything You Didn’t Know About Presidential Transitions with Dr. Terry Sullivan Executive Director of the White House Transition Project: On Record PR
Employment Law Now IV-86- 3 Quick Hits: FFCRA Extension, Trump Executive Order, and New DOL Tipping Rule
#WorkforceWednesday: Congress Passes Relief Bill, EEOC's Vaccine Guidance, Return to Work Delayed - Employment Law This Week®
SCOTUS Watch: The ACA and Key Health Law Areas Justice Barrett Could Impact - Diagnosing Health Care Podcast
New Developments in the World of Section 230
What's at Stake for Immigration?
#WorkforceWednesday: OFCCP Guidance on Diversity Training, Starbucks’ Diversity Plan, Time Off to Vote - Employment Law This Week®
2020 Presidential Candidates' Tax Proposals
Enforcement Relief: What New Regulatory Reforms Could Mean for Hospices
One-on-One with David Fotouhi, Acting General Counsel at the EPA
In its continuing repudiation of policies developed under the Trump Administration, the National Labor Relations Board (“NLRB” or “Board”) has published its Fair Choice-Employee Voice Final Rule....more
On April 1, 2020, the National Labor Relations Board (NLRB or the Board) made various amendments to its rules and regulations governing blocking charges, the voluntary-recognition bar doctrine, and proof of majority support...more
Over the past several years, the National Labor Relations Board (the “Board”) under the Biden administration has taken several measures to make union election procedures more union-friendly....more
The National Labor Relations Board (NLRB) has issued its “Fair Choice-Employee Voice” Final Rule, rescinding portions of its April 2020 union representation procedures on blocking charges, the voluntary recognition bar, and...more
As we previously wrote, five Trump-era changes to the union election process were contested in a lawsuit brought by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO). In a January 2023...more
Tuesday, June 13, 2023: U.S. NLRB Returned to Obama-Era Independent Contractor Standard for NLRA Coverage - Ruling Makes It Harder for Employers to Treat Workers as Independent Contractors - Decision Will Also Impact...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
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
On January 17, the U.S. Court of Appeals for the District of Columbia Circuit struck down certain Trump-era changes to the rules by which the National Labor Relations Board (NLRB) administers union elections. As...more
On December 16, 2022, the National Labor Relations Board (“NLRB” or “Board”) abandoned the employer-friendly access standard for off-duty employees of an onsite contractor that was adopted under the Trump Administration in...more
On December 14, 2022, the National Labor Relations Board (NLRB or the Board) issued a decision in American Steel Construction, Inc., in which a 3-2 Board majority threw out the Trump-era standard used to determine whether a...more
The Trump-era National Labor Relations Board (the “Board”) “made multiple overlapping errors” in determining that Browning-Ferris Industries of California, Inc. (“BFI”) does not have a duty to bargain with the...more
The independent contractor test developed by the Republican-majority National Labor Relations Board under President Trump actually resulted in a higher rate of workers being classified as employees protected by federal labor...more
Secretary of the Department of Homeland Security (DHS) Alejandro N. Mayorkas has issued a policy directive to immediately discontinue mass worksite enforcement operations. These involve large-scale law enforcement...more
The second troublesome threat is the joint employment standard. The Obama Adminstration DOL caused angst in the franchise industry in January 2016, when it adopted a joint employment standard that focused on “whether the...more
On July 21, 2021, the National Labor Relations Board (“NLRB” or the “Board”) issued a 3-1 decision affirming its precedent that displaying banners and a large inflatable rat (“Scabby the Rat”) near neutral employers does not...more
In its first 100 days in office, the Biden administration has advanced its policy priorities, many of which have involved repealing the policy accomplishments of the previous presidential administration. The Biden...more
Administration Debuts Infrastructure Package. Just weeks after enacting the $1.9 trillion American Rescue Plan Act, the Biden administration this week unveiled the American Jobs Plan - its $2.3 trillion infrastructure...more
There is an old saying in Washington, D.C., that personnel is policy. It is common sense: whoever is in charge of a federal agency or subagency will impart his or her own particular policy preferences on the agency’s...more
March 2021 has been a busy month in Washington, D.C. In addition to the passage of the American Rescue Plan (which includes tax updates relevant to employers), there have been three notable developments in the labor and...more
And that's not all! Nail in the coffin for Trump Order on "divisive" training. In January, President Biden signed an Executive Order that revoked Trump Executive Order 13950. As Cara Crotty has written, the Trump E.O....more
It was predictable – even inevitable – that the Biden administration would reverse much of Trump’s labor oeuvre. But no one could have predicted how quickly! In a little more than a month, the administration has:...more
As anticipated Acting General Counsel Peter Sung Ohr took no time to rescind a significant number of General Counsel Memoranda issued by former General Counsel Peter Robb during the Trump Administration. In a February 1,...more
Last week, recently appointed acting General Counsel of the National Labor Relations Board (NLRB) Peter Ohr withdrew 10 separate guidance memos that were issued by his predecessor Peter Robb (a 2017 Trump appointee). These...more
Summary - Within his first week on the job, the newly appointed Acting General Counsel of the National Labor Relations Board, Peter Sung Ohr, rescinded 10 General Counsel Memoranda issued by his predecessor that provided...more