Congressional Update. It’s the dog days of summer in Washington, D.C., and both the U.S. Senate and U.S. House of Representatives are out on recess. But Congress is still making news....more
8/15/2022
/ Biden Administration ,
Congressional Committees ,
Department of Labor (DOL) ,
Executive Orders ,
Federal Contractors ,
OSHA ,
Pending Legislation ,
Proposed Legislation ,
Proposed Rules ,
Proxy Voting ,
Wage and Hour
Senate Scrambles Ahead of Summer Escape. While members of the U.S. House of Representatives returned home for the August congressional recess, the U.S. Senate remained in Washington, D.C., this week to wrap up some...more
8/8/2022
/ Affordable Care Act ,
Bostock v Clayton County Georgia ,
Climate Change ,
Comment Period ,
Congressional Committees ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Energy Projects ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Funding ,
Finland ,
NATO ,
NLRB ,
NPRM ,
Proposed Legislation ,
Strategic Enforcement Plan ,
Sweden ,
Tax Credits
DOL Appeals Reinstatement of Independent Contractor Rule. Late last week, the administration filed its notice of appeal of the recent decision by the U.S. District Court for the Eastern District of Texas to reinstate the...more
President Joe Biden delivered his first State of the Union Address this week. Though it was easy to miss in the speech, workplace policy observers may have noticed that the president briefly pushed for passage of the Paycheck...more
3/7/2022
/ Arbitration ,
Biden Administration ,
Employer Liability Issues ,
H-1B ,
Hairstyle Discrimination ,
L-1 Visas ,
Mandatory Arbitration Clauses ,
Minimum Wage ,
Presidential Nominations ,
Proposed Legislation ,
SCOTUS ,
Sexual Harassment ,
State of the Union ,
Wage and Hour
In a rare moment of bipartisanship - particularly in the labor and employment policy sphere - the U.S. Congress this week passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The bill...more
2/14/2022
/ Arbitration ,
Biden Administration ,
Collective Bargaining ,
Department of Labor (DOL) ,
Executive Orders ,
Logistics ,
NLRA ,
NLRB ,
Proposed Legislation ,
Sexual Assault ,
Sexual Harassment ,
Trucking Industry ,
Unions ,
Wage and Hour
Nuclear Fallout. U.S. Senate Majority Leader Chuck Schumer deployed the so-called “nuclear option” this week by seeking to eliminate the legislative filibuster as applied to election reform legislation. (This procedure is...more
1/24/2022
/ American Rescue Plan Act of 2021 ,
Arbitration ,
Arbitration Agreements ,
Employment Discrimination ,
Federal Contractors ,
Filibuster ,
NLRB ,
OFCCP ,
PBGC ,
Pensions ,
Proposed Legislation ,
Union Membership ,
Unions
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
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
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
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 -
Various committees in the U.S. House of Representatives continued to work this week on their respective portions of the Democrats’ $3.5 trillion “human infrastructure” reconciliation bill-proposed...more
9/20/2021
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Infrastructure ,
Infrastructure Financing ,
Legislative Agendas ,
NLRB ,
NLRB General Counsel ,
Proposed Legislation ,
Settlement Agreements ,
Tipped Employees ,
Unions ,
USCIS ,
Vaccinations
RIP, Richard Trumka. AFL-CIO President Richard Trumka died unexpectedly this week at the age of 72. A former coal miner, Trumka became president of the United Mine Workers of America in 1982....more
8/9/2021
/ AFL-CIO ,
American Rescue Plan Act of 2021 ,
Arbitration ,
Department of Labor (DOL) ,
Federal Contractors ,
Infrastructure ,
Minimum Wage ,
Olympics ,
Pending Legislation ,
Pregnancy ,
Presidential Nominations ,
Proposed Legislation ,
Senate Confirmation Hearings ,
Tax Credits ,
Unions
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
Dems to Push PRO Act in Massive Legislative Package. Congressional Democrats this week announced that they would unilaterally advance a $3.5 trillion “human infrastructure” package (providing for paid family and medical...more
7/19/2021
/ American Rescue Plan Act of 2021 ,
Arbitration ,
Arbitration Agreements ,
Bipartisan Agreement ,
Employee Benefits ,
Interim Final Rules (IFR) ,
Multiemployer Plan ,
NLRB ,
NLRB General Counsel ,
PBGC ,
Presidential Nominations ,
Proposed Legislation ,
Senate Confirmation Hearings ,
Sexual Assault ,
Sexual Harassment
Workforce Update. The U.S. Department of Labor’s (DOL) Bureau of Labor Statistics released its May 2021 jobs report on June 4, 2021. According to the report, American employers added 559,000 jobs in the previous month....more
6/7/2021
/ Biden Administration ,
Bureau of Labor Statistics ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Budget ,
Green Cards ,
Highly-Skilled Workers Visa ,
National Interest Waiver ,
NLRB ,
OSHA ,
Presidential Nominations ,
Proposed Legislation ,
SCOTUS ,
US State Departments ,
Visas
Biden Releases American Families Plan -
This week, the White House released an outline of its American Families Plan, which is being touted as the second phase of the administration’s infrastructure proposal (dubbed the...more
5/3/2021
/ Biden Administration ,
Department of Labor (DOL) ,
Education Budget ,
Employee's Childcare ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Agency Taskforce ,
Federal Contractors ,
Infrastructure ,
IRS ,
Minimum Wage ,
NLRB ,
OSHA ,
Paid Family Leave Law ,
Paid Sick Leave ,
Proposed Legislation ,
Senate Confirmation Hearings ,
Unemployment Benefits ,
Union Organizers ,
Unions
Biz Groups Are a “No” on PRO. As the Buzz mentioned last week, the U.S. House of Representatives is teeing up a vote on the Protecting the Right to Organize (PRO) Act of 2021 (H.R. 842/S. 420) to occur sometime next week. In...more
3/8/2021
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Enforcement Statistics ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Inspector General ,
NLRB ,
OSHA ,
Proposed Legislation ,
Union Elections ,
Unions
Minimum Wage Increase Booted From Stimulus Package. Even before members of the U.S. House of Representatives could vote on their $1.9 trillion stimulus package, the parliamentarian of the U.S. Senate had ruled that the...more
3/1/2021
/ Biden Administration ,
Budget Reconciliation ,
CARES Act ,
Department of Labor (DOL) ,
Equality Act ,
Fair Labor Standards Act (FLSA) ,
Joint Employers ,
Legislative Agendas ,
LGBTQ ,
Minimum Wage ,
Pending Legislation ,
Proposed Legislation ,
Rescission ,
Unemployment Benefits ,
Unions ,
Visas ,
Wage and Hour
Status Check on Congress. We are more than one week into the Biden administration and the president has made progress filling out his cabinet. Antony Blinken (U.S. secretary of state), Janet Yellen (U.S. secretary of the...more
2/1/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
H-4 Spouses ,
Minimum Wage ,
NLRB ,
OIRA ,
Opinion Letter ,
Proposed Legislation ,
Rescission ,
Revocation ,
Unemployment Benefits ,
Wage and Hour ,
Workplace Safety
Second Time’s a Charm? Senator Majority Leader Mitch McConnell (R-KY) is promising a vote on a slimmed-down economic stimulus package during the week beginning October 19, 2020. We’ve seen this movie before. Republican...more
Economic Stimulus Negotiations End. Again. With the current acrimony between Republicans and Democrats at a significant low point, the Buzz did not exactly go out on a limb last week in predicting that there would not be a...more
10/9/2020
/ Conciliation ,
Congressional Committees ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Diversity ,
Equal Employment Opportunity Commission (EEOC) ,
H-1B ,
Judicial Appointments ,
Legislative Agendas ,
NLRB ,
OFCCP ,
Proposed Legislation ,
Relief Measures ,
USCIS
Chilly Climate in D.C. Just like the bit of autumn chill that descended upon Washington, D.C., this week, congressional negotiations over a new pandemic relief package have cooled. A compromise legislative effort announced...more
9/21/2020
/ Comment Period ,
Congressional Subpoenas ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Federal Contractors ,
Financial Stimulus ,
Government Shutdown ,
Joint Employers ,
Legislative Agendas ,
NLRB ,
OFCCP ,
Proposed Legislation ,
Relief Measures ,
Scheduling Letters
Congress’s Compromise Clues? There was lots of scuttlebutt in Washington, D.C., this week about a subsequent stimulus package, but nothing to show for it. Senate Republicans are reportedly poised to introduce a new...more
8/24/2020
/ Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
Equal Employment Opportunity Commission (EEOC) ,
Furloughs ,
GAO ,
Immigration Procedures ,
Joe Biden ,
Legislative Agendas ,
NPRM ,
Presidential Elections ,
Proposed Legislation ,
Secretary of DHS
Congress Debates Next Relief Package. As the Buzz has anticipated for a while now, this week the U.S. Senate began crafting a “Phase 4” response to the COVID-19 pandemic. While progress was made, as of this writing, no...more
7/28/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Forced Labor ,
Legislative Agendas ,
NLRB ,
Offensive Language ,
Pay Data ,
Proposed Legislation ,
Relief Measures ,
Travel Ban ,
Visas
Historical Week in the House. The U.S. House of Representatives reconvened this week for its first multi-day workweek since March (the U.S. Senate remained at home this week on a prescheduled Memorial Day week break). The...more