The U.S. Senate Committee on the Judiciary held hearings this week on Judge Ketanji Brown Jackson’s nomination to be an associate justice of the Supreme Court of the United States. Republican senators focused on Judge...more
3/28/2022
/ Arbitration ,
Coronavirus/COVID-19 ,
Federal Arbitration Act ,
Federal Contractors ,
Hairstyle Discrimination ,
Health Care Providers ,
Mandatory Arbitration Clauses ,
NLRB ,
OFCCP ,
OSHA ,
Presidential Nominations ,
SCOTUS ,
Senate Confirmation Hearings ,
Workplace Safety
Finally: Congress Passes 2022 Government Funding Legislation. This week, Congress passed a $1.5 trillion omnibus funding bill (H.R. 2471), setting the table to fully fund the federal government for the remainder of fiscal...more
Government Avoids Shutdown. Perhaps already missing professional football, the U.S. Congress this week punted on federal government funding. Funding for the government was set to expire at 11:59 p.m. on February 18, 2022, but...more
2/22/2022
/ Arbitration ,
Biden Administration ,
Continuing Resolution ,
Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Government Shutdown ,
NLRB ,
NPRM ,
OSHA ,
Paid Leave ,
Pending Legislation ,
Policy Memorandums ,
SCOTUS ,
Sexual Assault ,
Trucking Industry
Supreme Court Justice Stephen Breyer has notified President Joe Biden of his intention to retire at the end of the Court’s current term. Interestingly, Justice Breyer indicated that his retirement would perhaps be conditioned...more
SCOTUS Halts OSHA’s Vax-or-Test ETS (but Greenlights CMS Rule). On January 13, 2022, the Supreme Court of the United States stayed the Occupational Safety and Health Administration’s (OSHA) COVID-19 vaccination-or-testing...more
1/17/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Handbooks ,
Employer Mandates ,
Filibuster ,
Food and Drug Administration (FDA) ,
Health Insurance ,
Hiring & Firing ,
NLRB ,
OFCCP ,
OSHA ,
Presidential Nominations ,
Reimbursements ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Voting Rights
With 2022 underway, set forth below are the major labor and employment policy issues that the Buzz is keeping an eye on as we begin a new (midterm election) year.
COVID-19 Vaccine Requirements. Today the Supreme Court of...more
1/10/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Commuting ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Infectious Diseases ,
NLRB ,
OFCCP ,
Oral Argument ,
OSHA ,
Presidential Nominations ,
Proposed Legislation ,
Relief Measures ,
SCOTUS ,
Severe Weather ,
Union Organizers ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Build Back Better...in 2022? Over the last several weeks, the Buzz has been monitoring congressional Democrats’ efforts to pass the Build Back Better Act, a $1.7 trillion social-spending package containing, among other...more
Federal Contractor Vax Requirement Blocked.
On December 7, 2021, the United States District Court for the Southern District of Georgia preliminarily enjoined President Joe Biden’s Executive Order (EO) 14042 (requiring...more
12/13/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
NLRB ,
OSHA ,
Preliminary Injunctions ,
Regulatory Agenda ,
Temporary Regulations ,
Vaccinations
Congress: Always in Crisis Mode. The U.S. Congress returned this week for a three-week sprint to the end of the legislative year. With so much on its plate, it is quite possible that Congress will be working up to and around...more
12/6/2021
/ Budget Reconciliation ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Debt Ceiling ,
Federal Budget ,
Federal Contractors ,
Government Shutdown ,
Legislative Agendas ,
Members of Congress ,
OFCCP ,
OSHA ,
Proposed Legislation ,
Vaccinations
House Builds Back Better. After months of starts, restarts, delays, and negotiations, the U.S. House of Representatives finally passed the Build Back Better Act on November 19, 2021, by a vote of 220–213. The bill would...more
Infrastructure Bill Passes - Now What? Both the U.S. Senate and U.S. House of Representatives are out this week. But before they left for home, on November 5, 2021, the House of Representatives passed the Infrastructure...more
11/12/2021
/ Anti-Retaliation Provisions ,
Biden Administration ,
Collective Bargaining ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Infrastructure ,
New Legislation ,
NLRB ,
NPRM ,
OFCCP ,
OSHA ,
Public Comment ,
Religious Exemption ,
Temporary Regulations ,
Unfair Labor Practices ,
Unions ,
Vaccinations
OSHA Issues Vaccine ETS -
The Occupational Safety and Health Administration (OSHA) published its COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) on November 5, 2021. The ETS, which is effective...more
11/8/2021
/ Administrative Hearings ,
Advanced Notice of Proposed Rulemaking (ANPRM) ,
Arbitration ,
Artificial Intelligence ,
Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Healthcare Facilities ,
NLRB ,
OSHA ,
Proposed Legislation ,
Suppliers ,
Temporary Regulations ,
Unfair Labor Practices ,
Vaccinations ,
Videoconference ,
Virus Testing
Second Time Is the Charm? On October 28, 2021, Democrats in the U.S. House of Representatives released text of their revamped and slimmed-down Build Back Better Act (H.R. 5376) (though at nearly 1,700 pages, “slimmed down” is...more
Congress: Lather. Rinse. Repeat. After scuttling plans last month to vote on both a $1.2 trillion bipartisan “hard infrastructure” bill that the U.S. Senate approved, 69–30, on August 10, 2021, and a proposed $3.5 trillion...more
10/25/2021
/ Clean Water Act ,
Conflicts of Interest ,
Infrastructure ,
Legislative Agendas ,
NLRB ,
OIRA ,
OSHA ,
Preemption ,
Proposed Legislation ,
SEIU ,
Senate Confirmation Hearings ,
Temporary Regulations ,
Unions ,
Workplace Safety
Congressional Update: Debt Limit Crisis and Reconciliation Plans.
Both the U.S. Senate and U.S. House of Representatives were officially out this week, but the U.S. Congress still made some news....more
10/18/2021
/ Biden Administration ,
Budget Reconciliation ,
Coronavirus/COVID-19 ,
Dear Colleague Letter ,
Debt Ceiling ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
EBSA ,
Employee Benefits ,
Enforcement ,
Environmental Social & Governance (ESG) ,
Federal Budget ,
Fiduciary ,
Immigration and Customs Enforcement (ICE) ,
Influenza ,
Infrastructure ,
Legislative Agendas ,
Nancy Pelosi ,
OSHA ,
Public Health Emergency ,
Raids ,
USCIS ,
Vaccinations
Crisis Averted. For Now. Another week, another major crisis in the U.S. Congress (and the country, for that matter). Last week, it was funding for the federal government. ...more
Congressional Drama. -
There was drama this week on Capitol Hill, as Congress juggled four major issues: funding for the federal government, a bipartisan bill to rebuild our nation’s infrastructure, a $3.5 “human...more
10/4/2021
/ College Athletes ,
Coronavirus/COVID-19 ,
DACA ,
Debt Ceiling ,
Fair Labor Standards Act (FLSA) ,
Federal Budget ,
Federal Contractors ,
Government Shutdown ,
Infrastructure ,
Infrastructure Financing ,
Legislative Agendas ,
NLRA ,
NLRB ,
OSHA ,
Tax Credits ,
Temporary Regulations ,
USCIS ,
Vaccinations
Congressional Update, Part I: Budget Brinksmanship.
This time next week, we could be in the middle of a government shutdown. Always the masters of brinksmanship, our congressional legislators still do not have a deal to...more
9/27/2021
/ Budget Reconciliation ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Enforcement Authority ,
Federal Contractors ,
Federal Funding ,
Government Shutdown ,
Heat Exposure ,
International Travel ,
Joint Employers ,
OSHA ,
Path To Citizenship ,
Political Parties ,
Reconciliation ,
Travel Restrictions ,
Vaccinations ,
Workplace Hazards
Joe Says “No.” Over the last several weeks, the Buzz has discussed congressional efforts to pass both a bipartisan “hard” infrastructure bill (this passed the U.S. Senate and is waiting in the U.S. House of Representatives),...more
9/7/2021
/ Biden Administration ,
Budget Reconciliation ,
Coronavirus/COVID-19 ,
EEO-1 ,
Emergency Rule ,
Infectious Diseases ,
Infrastructure ,
Legislative Agendas ,
NLRB ,
OFCCP ,
OSHA ,
Private Property ,
Property Access ,
Relief Measures ,
U.S. Treasury ,
Unemployment Insurance ,
Unions
Historic Federal Legislation on the Move. While the Buzz was out last week, the U.S. Senate passed the Infrastructure Investment and Jobs Act by a bipartisan vote of 69 to 30. As the Buzz has discussed, the bill provides $1.2...more
8/23/2021
/ AFL-CIO ,
Budget Reconciliation ,
COBRA ,
Congressional Budget Resolution ,
Congressional Committees ,
Coronavirus/COVID-19 ,
EEO-1 ,
Emergency Rule ,
Infrastructure ,
NLRB ,
NLRB General Counsel ,
OSHA ,
Pending Legislation ,
Regulatory Agenda
Infrastructure Bill: Game On! After weeks of negotiating, there is finally bipartisan agreement in the U.S. Senate to move forward with a $550 billion bill to fund the repair and construction of physical infrastructure such...more
8/2/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Infrastructure ,
Medicaid Expansion ,
NLRB ,
OSHA ,
Presidential Nominations ,
Regulatory Agenda ,
Vaccinations
Senate Committee Examines PRO Act. On July 22, 2021, the U.S. Senate Committee on Health, Education, Labor and Pensions (HELP) held a hearing entitled “The Right to Organize: Empowering American Workers in a 21st Century...more
7/26/2021
/ Administrative Procedure Act ,
Biden Administration ,
Comment Period ,
Congressional Committees ,
Consumer Price Index ,
Coronavirus/COVID-19 ,
DACA ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Federal Contractors ,
Kamala Harris ,
Minimum Wage ,
NLRB ,
NLRB General Counsel ,
OSHA ,
Proposed Legislation ,
Proposed Regulation ,
Senate Confirmation Hearings ,
Tipped Employees ,
Union Elections ,
Unions ,
Wage and Hour
Infrastructure Summer. Congress remains out this week but is expected to be very busy for the remainder of July. Democrats will seek to gain traction on two major legislative priorities: an infrastructure deal backed by 11...more
7/12/2021
/ Antitrust Provisions ,
Biden Administration ,
Climate Change ,
Congressional Committees ,
Congressional Investigations & Hearings ,
Interstate Commerce ,
Legislative Agendas ,
Non-Compete Agreements ,
NPRM ,
Organized Crime ,
OSHA ,
Presidential Nominations ,
USCIS ,
Visas
Last Week Today -
Here is a quick rundown of some of the labor and employment policy developments we missed last week while at Workplace Strategies in Austin, Texas (be sure to join us next year for the program at the...more
7/2/2021
/ Biden Administration ,
Conciliation ,
Congressional Review Act ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Infrastructure ,
Joint Employers ,
NLRB ,
OSHA ,
Temporary Regulations ,
Time Extensions ,
Tipped Employees ,
Union Elections ,
Unions ,
USCIS ,
Wage and Hour
Juneteenth Is Now a Federal Holiday. This week, President Joe Biden signed into law the Juneteenth National Independence Day Act, making June 19 - the holiday commemorating the emancipation of enslaved African Americans in...more
6/21/2021
/ Biden Administration ,
Bostock v Clayton County Georgia ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Diversity ,
EBSA ,
Equal Employment Opportunity Commission (EEOC) ,
Heritage & Culture ,
Holidays ,
New Legislation ,
OFCCP ,
OSHA ,
Presidential Nominations ,
Regulatory Agenda ,
USCIS ,
Wage and Hour