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
8/16/2017
/ Collective Bargaining ,
Comment Period ,
Department of Labor (DOL) ,
Final Rules ,
Injunctions ,
LMRDA ,
NPRM ,
Obama Administration ,
Permanent Injunctions ,
Persuader Rules ,
Reporting Requirements ,
Trump Administration ,
Unions
The U.S. Department of Labor (DOL) moved one step closer to undoing President Obama's permanently enjoined “persuader activity” regulation when, on June 12, the agency issued a notice of proposed rulemaking (NPRM) for reverse...more
6/29/2017
/ Attorney-Client Privilege ,
Comment Period ,
Corporate Counsel ,
Department of Labor (DOL) ,
LMRDA ,
NLRB ,
NPRM ,
Obama Administration ,
Permanent Injunctions ,
Persuader Rules ,
Protected Concerted Activity ,
Rulemaking Process ,
Taft-Hartley Act ,
Unions
On November 16, 2016, the U.S. District Court for the Northern District of Texas (Lubbock Division) converted its injunction preventing implementation of the U.S. Department of Labor’s revised persuader rule on a national...more
On June 27, 2016, in National Federation of Independent Business et al. v. Perez, et al., the U.S. District Court for the Northern District of Texas (Lubbock Division) granted Plaintiffs’ Motion for a Preliminary Injunction,...more
National Federation of Independent Business et al. v. Perez, et al.
On June 27, 2016, in National Federation of Independent Business et al. v. Perez, et al., the U.S. District Court for the Northern District of Texas (Lubbock Division) granted Plaintiffs’ Motion for a Preliminary Injunction,...more
6/28/2016
/ Department of Labor (DOL) ,
Disclosure Requirements ,
Fifth Amendment ,
First Amendment ,
Imminent Harm ,
Likelihood of Success ,
LMRDA ,
Persuader Rules ,
Preliminary Injunctions ,
Reporting Requirements ,
Unions
The minimum salary threshold to qualify for the executive, administrative, and professional exemptions to the Fair Labor Standards Act (FLSA) will more than double on December 1, 2016, from $23,660 per year to $47,476 per...more
6/21/2016
/ Anti-Discrimination Policies ,
Anti-Retaliation Provisions ,
Ban the Box ,
Criminal Background Checks ,
Electronic Reporting ,
Employer Mandates ,
Employment Discrimination ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
LMRDA ,
Medical Marijuana ,
Minimum Salary ,
OSHA ,
Over-Time ,
Paid Family Leave Law ,
Paid Time Off (PTO) ,
Persuader Rules ,
Preemption ,
Recordkeeping Requirements ,
Reporting Requirements ,
Unions ,
Wage and Hour ,
White-Collar Exemptions ,
Workplace Injury ,
Workplace Safety
In accordance with the U.S. Department of Labor’s recent public announcement regarding the implementation of its new “persuader activity” rule, all engagements entered into prior to July 1, 2016—including long-term or...more
6/14/2016
/ Attorney-Client Privilege ,
Consultants ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Fifth Amendment ,
Final Rules ,
First Amendment ,
LMRDA ,
Persuader Rules ,
Reporting Requirements ,
Unions
On April 13, 2016, the Office of Labor-Management Standards (OLMS) at the U.S. Department of Labor (DOL) issued a Form LM-21 Special Enforcement Policy announcement. Effective immediately, the policy is suspending the...more
4/18/2016
/ Attorney-Client Privilege ,
Consultants ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Enforcement Guidance ,
Filing Requirements ,
Final Rules ,
Injunctive Relief ,
LMRDA ,
OLMS ,
Persuader Rules ,
Reporting Requirements ,
Union Elections ,
Unions
On March 23, 2016, the U.S. Department of Labor (DOL) issued final regulations revising the “advice exemption” and requiring employers and consultants (including lawyers) to report labor relations advice and services under...more
3/26/2016
/ American Bar Association (ABA) ,
Attorney-Client Privilege ,
Consultants ,
Department of Labor (DOL) ,
Final Rules ,
LMRDA ,
NLRB ,
Persuader Rules ,
Regulatory Agenda ,
Reporting Requirements ,
Supervisors ,
Trade Associations ,
Unions
Don't look now, but the U.S. Department of Labor’s latest Fall 2015 Semiannual Regulatory Agenda advances the controversial proposed revisions to the "persuader activity" reporting requirements under the Labor-Management...more
As 2013 comes to a close, it’s time to assess what happened and what didn’t happen in Washington, D.C. during the year in terms of labor and employment law legislation, regulations, and litigation. The short version is that...more
1/2/2014
/ Affordable Care Act ,
Canning v NLRB ,
Continuing Resolution ,
D.R. Horton ,
D.R. Horton v NLRB ,
Discrimination ,
ENDA ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Budget ,
LMRDA ,
NLRB ,
OFCCP ,
OSHA ,
Sexual Orientation Discrimination ,
Silica