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 -
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
Democrats Begin Process of Enacting Administration’s Domestic Goals.
It took some good old-fashioned politicking, but earlier this week the U.S. House of Representatives approved a $3.5 trillion budget resolution that...more
8/30/2021
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biden Administration ,
Department of Labor (DOL) ,
Federal Budget ,
Human Capital ,
Infrastructure ,
Legislative Agendas ,
NLRB ,
Proposed Regulation ,
Public Charge ,
Securities and Exchange Commission (SEC) ,
USCIS ,
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
“A Month of Action on Capitol Hill.” The American Rescue Plan Act was enacted in March 2021, and since then President Joe Biden has been looking for his next major legislative victory. Accordingly, President Biden promised...more
6/14/2021
/ American Rescue Plan Act of 2021 ,
Biden Administration ,
Health Care Providers ,
Healthcare Workers ,
Immigration Procedures ,
Legislative Agendas ,
NLRB ,
OSHA ,
Paycheck Fairness Act ,
Temporary Regulations ,
Unions ,
USCIS
EEOC Releases Vaccine Guidance. On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) issued much-needed guidance regarding COVID-19 vaccinations and the workplace. According to the guidance...more
6/1/2021
/ Biden Administration ,
Comment Period ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Financial Reporting ,
Military Service Members ,
New Guidance ,
NLRB ,
NPRM ,
OIRA ,
OSHA ,
Presidential Nominations ,
Recordkeeping Requirements ,
Temporary Regulations ,
Transparency ,
Unions ,
USCIS ,
Vaccinations
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
5/21/2021
/ Biden Administration ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Graduate Students ,
H-1B ,
H-4 Spouses ,
Independent Contractors ,
Joint Employers ,
Legislative Agendas ,
NLRB ,
OFCCP ,
OIRA ,
OSHA ,
Popular ,
Presidential Nominations ,
Prevailing Wages ,
Public Charge ,
Religious Exemption ,
Revocation ,
Student Employees ,
Tipped Employees ,
Trump Administration ,
Unions ,
USCIS ,
Wage and Hour
DOL Rescinds Independent Contractor Rule. On May 6, 2021, the U.S. Department of Labor (DOL) issued a regulation rescinding its independent contractor rule, which was finalized on January 7, 2021, but never went into effect....more
5/10/2021
/ Biometric Information ,
Department of Labor (DOL) ,
Employee Definition ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Reform ,
Labor Regulations ,
Legislative Agendas ,
NLRB ,
NLRB General Counsel ,
Political Campaigns ,
Retirement Plan ,
Unions ,
USCIS ,
Wage and Hour
President Biden. On January 20, 2021, Joseph R. Biden Jr. was sworn in as the 46th president of the United States. With the ongoing COVID-19 pandemic and security concerns arising out of the riot at the United States Capitol...more
1/25/2021
/ Biden Administration ,
CARES Act ,
Coronavirus/COVID-19 ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Families First Coronavirus Response Act (FFCRA) ,
Immigration Procedures ,
Legislative Agendas ,
NLRB ,
NLRB General Counsel ,
OSHA ,
Regulatory Freeze ,
Relief Measures ,
USCIS
Election 2020: Patience Required. Voting in the 2020 elections wraps up in just four days, on November 3, 2020. However, due to many tight races and the unprecedented volume of mail-in ballots (and states’ differing rules on...more
10/30/2020
/ Amicus Briefs ,
Comment Period ,
Congressional Review Act ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
General Elections ,
H-1B ,
Independent Contractors ,
NLRA ,
NPRM ,
OSHA ,
Press Releases ,
Unions ,
USCIS ,
Visas ,
Wage and Hour
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
HEROES Act Passes the House. Again. On October 1, 2020, the U.S. House of Representatives narrowly passed a (somewhat) slimmed-down version of the Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act - House...more
“Skinny” Coronavirus Package Blocked. Congress returned to Washington, D.C., this week following an August recess, but didn’t do much to move the ball forward on pressing issues such as coronavirus relief, postal service aid,...more
9/14/2020
/ Civil Rights Act ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
FEMA ,
H-1B ,
Joint Employers ,
NLRB ,
Title VII ,
Unemployment Insurance ,
USCIS
DOL Issues Back-to-School Leave Guidance. On August 27, 2020, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) updated its frequently asked questions regarding paid leave under the Families First Coronavirus...more
8/31/2020
/ Child Care ,
Coronavirus/COVID-19 ,
DACA ,
Department of Labor (DOL) ,
Families First Coronavirus Response Act (FFCRA) ,
Final Rules ,
Public Schools ,
Remote Working ,
Students ,
USCIS ,
Wage and Hour
Spring Regulatory Agenda Released. Last week, the Buzz wondered when we might see the administration’s spring regulatory forecast. Well, the administration must have noticed our comment, because on June 30, 2020, it released...more
7/6/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
NLRB ,
OFCCP ,
OSHA ,
Paycheck Protection Program (PPP) ,
TRICARE ,
USCIS
SCOTUS: Title VII Protects LGBTQ and Transgender Employees. On June 15, 2020, the Supreme Court of the United States released its historical decision in Bostock v. Clayton County, Georgia, holding that discrimination against...more
6/19/2020
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Citizenship ,
Coronavirus/COVID-19 ,
DACA ,
Department of Homeland Security (DHS) ,
Department of Homeland Security v Regents of the University of California ,
Educational Institutions ,
Equal Employment Opportunity Commission (EEOC) ,
OSHA ,
Path To Citizenship ,
Re-Opening Guidelines ,
Rescission ,
SCOTUS ,
Trump Administration ,
Trump v NAACP ,
USCIS ,
Visas ,
Wolf v Vidal ,
Work Permits
Congress and the Coronavirus. In the wake of the growing coronavirus threat, federal lawmakers responded this week by doing what they do best: holding hearings. The U.S. Senate Committee on Health, Education, Labor and...more
3/9/2020
/ Congressional Investigations & Hearings ,
Coronavirus/COVID-19 ,
Customs and Border Protection ,
Databases ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Vacancies Reform Act ,
H-1B ,
Immigration and Naturalization Service (INS) ,
NLRB ,
OSHA ,
USCIS
Go PRO. As the Buzz has been predicting for quite a while, on February 6, 2020, the U.S. House of Representatives passed the Protecting the Right to Organize Act of 2019 (PRO Act). Last May, we covered the drastic changes the...more
2/10/2020
/ Civil Rights Act ,
Congressional Committees ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
H-1B ,
Joint Employers ,
OFCCP ,
Pending Legislation ,
Presidential Nominations ,
Registration Requirement ,
Right of First Refusal ,
Union Organizers ,
Unions ,
USCIS ,
Wage and Hour
With the start of a new year, in-house counsel and human resources professionals will want to be aware of what’s on the horizon for 2020 and beyond. It’s a good time for employers to take a breath and consider what issues...more
1/3/2020
/ ADEA ,
Baby Boomers ,
Canada ,
Compensation & Benefits ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employment Contract ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Federal Labor Laws ,
FEHA ,
Fluctuating Workweek ,
Food Service Workers ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigration Procedures ,
Immigration Reform ,
Joint Employers ,
Labor Regulations ,
Leave of Absence ,
Legislative Agendas ,
Mobile Apps ,
Non-Compete Agreements ,
Paid Family Leave Law ,
Pending Legislation ,
Piece-Rate Pay ,
Public Health ,
Reasonable Accommodation ,
Restaurant Industry ,
Restrictive Covenants ,
Right of First Refusal ,
State and Local Government ,
State Labor Laws ,
Tax Liability ,
Tax Planning ,
Tip Credit ,
Tipped Employees ,
Tips ,
USCIS ,
Vaccinations ,
Wage and Hour ,
Wellness Programs ,
Work Schedules ,
Workplace Violence
USMCA on the Way? Lawmakers on both sides of the political aisle claimed victory this week over what appears to be a breakthrough in negotiations over the United States–Mexico–Canada Agreement (USMCA) trade agreement. Of...more
12/13/2019
/ Criminal Background Checks ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
H-1B ,
NDAA ,
Over-Time ,
Parental Leave ,
Perks ,
Presidential Nominations ,
Tip Credit ,
United States-Mexico-Canada Agreement (USMCA) ,
USCIS ,
Wage and Hour
Close Call. On November 21, 2019, President Donald Trump signed a continuing resolution to keep the federal government open through December 20, 2019. Given the pervasiveness of brinksmanship in Congress these days, the Buzz...more
11/25/2019
/ Continuing Resolution ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Employee Benefits ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Federal Contractors ,
Federal Funding ,
NLRB ,
NPRM ,
OSHA ,
Trump Administration ,
USCIS ,
Wage & Hour Division (WHD) ,
Workplace Safety
We Juan It! The Washington Nationals are World Series champions, and it is Soto-rific. This is the first World Series championship victory for Washington, D.C., since 1924, when Firpo Marberry and the Washington Senators beat...more
11/4/2019
/ Baseball ,
Capper-Volstead Act ,
Data Collection ,
Department of Labor (DOL) ,
EEO-1 ,
Eighteenth Amendment ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
OIRA ,
Pay Data ,
Processing Fees ,
Protected Concerted Activity ,
Regulatory Agenda ,
Rescission ,
Unions ,
USCIS ,
Wage and Hour ,
World Series