The latest Unified Agenda of Regulatory and Deregulatory Actions ("spring agenda") continues this administration's trend of adding fewer new rules and reexamining older ones. ...more
5/11/2018
/ Apprenticeships ,
Association Health Plans ,
Department of Labor (DOL) ,
Deregulation ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
H-1B ,
Joint Employers ,
NLRB ,
Persuader Rules ,
Regulatory Agenda ,
Regulatory Reform ,
Rulemaking Process ,
Tip-Pooling ,
Trump Administration ,
Wage and Hour ,
Wellness Programs ,
White-Collar Exemptions ,
Workplace Injury ,
Workplace Safety
President Trump's budget proposal for fiscal year 2019 indicates the administration intends to scale back the Department of Labor (DOL) and National Labor Relations Board (NLRB). ...more
2/13/2018
/ Apprenticeships ,
Association Health Plans ,
Corporate Counsel ,
Department of Labor (DOL) ,
Deregulation ,
E-Verify ,
EBSA ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Budget ,
Federal Funding ,
Immigration Procedures ,
NLRB ,
Parental Leave ,
Regulatory Reform ,
Trump Administration
Unless Congress can finalize a budget by midnight tonight (January 19), the federal government will be forced to shut down due to a lack of appropriations.
On Thursday evening, the House of Representatives passed a...more
1/19/2018
/ Administrative Agencies ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Budget ,
Government Shutdown ,
Immigration and Customs Enforcement (ICE) ,
NLRB ,
OFCCP ,
OLMS ,
TSA ,
USCIS
The National Labor Relations Board's new General Counsel, Peter Robb, has wasted no time in taking steps to chart a new direction for the Board. Two weeks after being sworn in as General Counsel, Robb has issued Memorandum...more
12/5/2017
/ Administrative Appointments ,
Corporate Counsel ,
Employee Handbooks ,
Joint Employers ,
NLRB ,
NLRB General Counsel ,
Policy Memorandums ,
Purple Communications ,
Regulatory Standards ,
Unfair Labor Practices ,
Unions
The current leaders of the Department of Labor, Equal Employment Opportunity Commission, and National Labor Relations Board addressed transitions and regulatory plans at their respective agencies at a November 16 forum. ...more
11/17/2017
/ Americans with Disabilities Act (ADA) ,
Deregulation ,
EEO-1 ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Gender-Based Pay Discrimination ,
GINA ,
H-1B ,
H-2B ,
Hiring & Firing ,
Immigration Procedures ,
NLRA ,
NLRB ,
Pay Gap ,
Regulatory Agencies ,
Regulatory Oversight ,
Regulatory Reform ,
Regulatory Standards ,
Tip Credit ,
Tipped Employees ,
Wage and Hour
Nine months into President Trump’s term, the pace of nominations and appointments to fill critical position within his administration is accelerating. Action on the nominations to the National Labor Relations Board (NLRB),...more
10/24/2017
/ Administrative Appointments ,
Administrative Interpretation ,
Affordable Care Act ,
Association Health Plans ,
Cost-Sharing ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Health Insurance ,
Healthcare Reform ,
HRA ,
Joint Employers ,
Legislative Agendas ,
NLRB ,
Nominations ,
Proposed Legislation ,
Sharing Economy ,
Subsidies ,
Trump Administration ,
Wage and Hour
Last month began with significant momentum but long odds that Senate Republicans would pass legislation repealing and replacing the Affordable Care Act (ACA). In the early hours of July 28, GOP efforts came to a screeching...more
8/11/2017
/ Administrative Appointments ,
Affordable Care Act ,
Best Interest Contract Exemptions ,
Confirmation Proceedings ,
Department of Labor (DOL) ,
Deregulation ,
Employee Benefits ,
Equal Employment Opportunity Commission (EEOC) ,
Fiduciary Duty ,
Fiduciary Rule ,
Financial Services Industry ,
Health Insurance ,
Healthcare Reform ,
Investment Management ,
Joint Employers ,
Legislative Agendas ,
NLRB ,
Popular ,
Proposed Legislation ,
Regulatory Oversight ,
Repeal ,
Trump Administration
On August 4, 2017, the U.S. Court of Appeals for the District of Columbia Circuit refused to enforce a holding by the National Labor Relations Board (Board) that the Cable News Network (CNN) was a joint employer. In the...more
On July 27, 2017, House Republicans unveiled a bill, entitled the Save Local Business Act, that would amend two labor and employment statutes to clarify when an entity can be deemed a “joint employer.” At a press conference...more
On July 12, 2017, the U.S. House Committee on Education and the Workforce held a hearing concerning the need for legislation to redefine the joint employer standard. As many employers are aware, the interpretation of when...more
7/14/2017
/ Browning-Ferris Industries of California Inc. ,
Congressional Committees ,
Congressional Investigations & Hearings ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Franchises ,
Joint Employers ,
NLRA ,
NLRB ,
Small Business
Five months into President Trump's term, his administration's workplace policy is beginning to take shape. From notable developments at the Department of Labor (DOL), to long-awaited nominations to the National Labor...more
7/11/2017
/ Administrative Appointments ,
Affordable Care Act ,
Beryllium Exposure ,
Best Interest Contract Exemptions ,
Comment Period ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Mandates ,
Fair Labor Standards Act (FLSA) ,
Fiduciary Rule ,
Health Insurance ,
Healthcare Reform ,
Individual Mandate ,
Investment Adviser ,
LMRDA ,
NLRB ,
Occupational Exposure ,
OSHA ,
Over-Time ,
Persuader Rules ,
Popular ,
Proposed Legislation ,
Repeal ,
Trump Administration ,
Unions ,
Wage and Hour ,
White-Collar Exemptions ,
Workplace Safety
As expected, Senator Johnny Isakson (R-GA) has reintroduced a bill targeting the National Labor Relations Board's decision in Specialty Healthcare, 357 NLRB No. 83 (2011). The Representation Fairness Restoration Act (S.1217)...more
On Friday, President Trump issued an executive order, Enforcing the Regulatory Reform Agenda ("the Order"), which calls for each federal agency to develop a regulatory reform task force to identify burdensome regulations for...more
2/28/2017
/ Administrative Appointments ,
Data Collection ,
Data Reporting ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Agency Taskforce ,
Gender-Based Pay Discrimination ,
Job Creation ,
Joint Employers ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
New Regulations ,
NLRB ,
Nominations ,
OSHA ,
Regulatory Agencies ,
Regulatory Oversight ,
Regulatory Reform ,
Secretary of Labor ,
Trump Administration ,
Two For One Rule ,
Wage and Hour ,
White-Collar Exemptions ,
Workplace Injury
President Donald J. Trump was sworn into office on January 20, 2017, ushering in a new balance of power in Washington and what is expected to be a dramatically different era of workplace policy. On his first day in office,...more
2/8/2017
/ Administrative Appointments ,
Administrative Procedure Act ,
Affordable Care Act ,
Cadillac Tax ,
Congressional Review Act ,
Department of Health and Human Services (HHS) ,
Employee Benefits ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fiduciary Rule ,
Health Insurance ,
Healthcare ,
Investment Adviser ,
Judicial Appointments ,
Neil Gorsuch ,
NLRB ,
Obama Administration ,
OMB ,
Proposed Legislation ,
Regulatory Accountability Act ,
Regulatory Freeze ,
Regulatory Oversight ,
Repeal ,
Rulemaking Process ,
Trump Administration
As a result of the Supreme Court’s recent decision to grant certiorari and address the dispute over whether class and collective action waivers are lawful in an arbitration agreement, many employers have asked whether similar...more
2/6/2017
/ Administrative Law Judge (ALJ) ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Corporate Counsel ,
D.R. Horton v NLRB ,
Mandatory Arbitration Clauses ,
Murphy Oil v NLRB ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Opt-Outs ,
Protected Concerted Activity
President Donald Trump has promptly nominated a potential successor—Judge Neil M. Gorsuch—to fill the Supreme Court seat left vacant by Justice Scalia’s unexpected death nearly a year ago. Since Scalia’s death, the High Court...more
2/1/2017
/ Administrative Authority ,
Arbitration Agreements ,
Chevron Deference ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Confirmation Proceedings ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Judicial Appointments ,
Murphy Oil v NLRB ,
Neil Gorsuch ,
NLRA ,
NLRB ,
Nominations ,
Popular ,
Regulatory Oversight ,
SCOTUS ,
Senate Judiciary Committee ,
Trump Administration ,
Vetting
Littler's WPI Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The December edition of the Insider Report discusses recent efforts to block...more
12/5/2016
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Blacklist ,
Congressional Review Act ,
Decriminalization of Marijuana ,
Department of Labor (DOL) ,
EB-1 ,
EB-2 ,
EB-3 ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
Fiduciary Duty ,
Fiduciary Rule ,
Genetic Discrimination ,
GINA ,
Health Insurance ,
Healthcare ,
Hiring & Firing ,
Hospitality Industry ,
Hotels ,
Labor Law Violations ,
Marijuana ,
Minimum Salary ,
Minimum Wage ,
NLRB ,
Obama Administration ,
OSHA ,
Over-Time ,
Paid Leave ,
Persuader Rules ,
Presidential Elections ,
Regulatory Agenda ,
Reporting Requirements ,
Right to Work ,
Sick Leave ,
Trump Administration ,
Unions ,
USCIS Immigrant Fee ,
Wage and Hour ,
Wellness Programs ,
White-Collar Exemptions ,
Workplace Injury ,
Workplace Safety
The 2016 Presidential election was arguably the most contentious, unpredictable, and politically polarizing race in this nation's history. The contours of the electoral map changed by the hour in the days leading up to...more
11/10/2016
/ Administrative Appointments ,
Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Browning-Ferris Industries of California Inc. ,
Civil Rights Act ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Bargaining Agreements (CBA) ,
D.R. Horton v NLRB ,
DACA ,
DAPA ,
Disability Discrimination ,
Dodd-Frank ,
EEO-1 ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Ernst & Young ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Fiduciary Rule ,
Gender Identity ,
Gender-Based Pay Discrimination ,
Health Insurance ,
Healthcare ,
Immigrants ,
Immigration Procedures ,
Joint Employers ,
Judicial Appointments ,
LGBTQ ,
Mandatory Arbitration Clauses ,
MAP-21 ,
Minimum Salary ,
Minimum Wage ,
NLRA ,
NLRB ,
OFCCP ,
OSHA ,
Over-Time ,
Paid Leave ,
Persuader Rules ,
Political Appointments ,
Popular ,
Project Labor Agreements ,
Recess Appointments ,
Retirement Plan ,
Right to Work ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Standard of Review ,
Title VII ,
Transgender ,
Unions ,
Wage and Hour ,
Wages ,
White-Collar Exemptions ,
Workplace Injury
Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The November edition of the Insider Report turns a spotlight on...more
11/7/2016
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Ballot Measures ,
Big Data ,
Blacklist ,
Data Breach ,
Decriminalization of Marijuana ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
EU ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
Gender-Based Pay Discrimination ,
Gig Economy ,
GINA ,
Hiring & Firing ,
Independent Contractors ,
IRS ,
Labor Law Violations ,
Marijuana ,
Minimum Wage ,
Misclassification ,
NLRB ,
Proposed Amendments ,
Sharing Economy ,
Sick Leave ,
Unemployment Insurance ,
Wage and Hour ,
Wage Theft ,
Wellness Programs ,
White-Collar Exemptions ,
Work Schedules ,
Workers' Compensation Claim
In the midst of a heated presidential election cycle, employers are following recent decisions of the National Labor Relations Board closely. Before losing its three-member Democratic majority at the expiration of Board...more
10/25/2016
/ Administrative Law Judge (ALJ) ,
Ambush Election Rules ,
Bargaining Power ,
Charter Schools ,
Collective Bargaining ,
Colleges ,
Confidentiality Agreements ,
Corporate Counsel ,
Educational Institutions ,
Employee Handbooks ,
Graduate Students ,
Healthcare Facilities ,
Hiring & Firing ,
Hospitals ,
Joint Employers ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Religious Schools ,
Right to Strike ,
Settlement Agreements ,
Student Employees ,
Trade Secrets ,
Union Elections ,
Unions ,
Universities
On October 3, 2016, the Office of the General Counsel (OGC) for the National Labor Relations Board asked the NLRB to clarify and broaden the protection afforded employees who engage in intermittent and partial strikes....more
The September edition of Littler's Workplace Policy Institute Insider Report examines what federal agencies were up to while Congress was out of session, and discusses state and local laws that advanced in the weeks leading...more
9/6/2016
/ Affordable Care Act ,
Ballot Measures ,
CFTC ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Discrimination ,
EEO-1 ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Executive Orders ,
Fair Pay and Safe Workplaces ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Gig Economy ,
IRS ,
Minimum Wage ,
NLRB ,
Non-Compete Agreements ,
Paid Leave ,
Retaliation ,
Retirement ,
Retirement Plan ,
Wage and Hour ,
Whistleblowers ,
Work Schedules
The twin forces of technology and globalization are reinventing and redefining the workplace and the way work is performed. The workplace automation of the last century is rapidly being augmented and replaced by intelligent...more
8/5/2016
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Artificial Intelligence ,
Automation Systems ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Disability ,
Doffing ,
Donning ,
Extraterritoriality Rules ,
Independent Contractors ,
Misclassification ,
NLRA ,
NLRB ,
On-Call Employees ,
OSHA ,
Popular ,
Privacy Concerns ,
Robotics ,
Section 7 ,
Severance Agreements ,
Technology ,
Unions ,
Wage and Hour ,
WARN Act ,
Wearable Technology
Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The August edition of the Insider Report compares the Democratic...more
8/4/2016
/ Affordable Care Act ,
Corporate Counsel ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
EU ,
EU-US Privacy Shield ,
Fair Labor Standards Act (FLSA) ,
Fair Pay and Safe Workplaces ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
GINA ,
Health Insurance ,
International Data Transfers ,
Minimum Salary ,
NLRB ,
OSHA ,
Over-Time ,
Parental Leave ,
Pay Equity Laws ,
Pay Transparency ,
Penalties ,
Personal Data ,
Political Campaigns ,
Sexual Harassment ,
Wage and Hour ,
Wage Theft ,
Wellness Programs ,
White-Collar Exemptions ,
Workplace Injury
Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The June edition of the Insider Report highlights recent federal...more
6/6/2016
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Ban the Box ,
Browning-Ferris Industries of California Inc. ,
Department of Labor (DOL) ,
EEO-1 ,
Electronic Reporting ,
Employee Benefits ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Fair Labor Standards Act (FLSA) ,
Fair Pay and Safe Workplaces ,
Final Rules ,
Gender-Based Pay Discrimination ,
GINA ,
Health Insurance ,
Minimum Salary ,
Minimum Wage ,
New Legislation ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
OSHA ,
Over-Time ,
Paid Time Off (PTO) ,
Pensions ,
Pregnancy Discrimination ,
Sick Leave ,
Wage and Hour ,
Wellness Programs ,
White-Collar Exemptions ,
Workplace Injury ,
Workplace Safety