The 2024 presidential election was like no other in modern history, and it is clear that across a range of measures the American electorate remains dramatically polarized. This presents a host of challenges for policymakers...more
Although the 2020 presidential election is technically behind us, razor-thin and contested elections for the presidency and Congress remain, potentially drawing out the uncertainty through the new year. As of the date of...more
11/9/2020
/ Equal Pay ,
Federal Labor Laws ,
Independent Contractors ,
Joe Biden ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
LGBTQ ,
Regulatory Agenda ,
Trump Administration ,
Wage and Hour
On October 21, 2020, the Office of Federal Contract Compliance released a Request for Information (RFI) relating to federal contractor and subcontractor training, and the recently issued Executive Order 13950. That order,...more
10/22/2020
/ Bias ,
Civil Rights Act ,
Deregulation ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Race Relations ,
Regulatory Reform ,
Request For Information ,
Sexual Stereotyping ,
Title VII ,
Trump Administration
On Saturday, September 26, President Trump nominated Judge Amy Coney Barrett to fill the vacancy on the bench occasioned by the death of Justice Ruth Bader Ginsburg. Barrett, who sits on the U.S. Court of Appeals for the...more
On September 22, 2020, the White House released a new executive order, On Combating Race and Sex Stereotyping. Among other things, the order instructs government contracting agencies to add provisions to government contracts...more
9/24/2020
/ Bias ,
Civil Rights Act ,
Corporate Counsel ,
Deregulation ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Executive Orders ,
Federal Contractors ,
Race Relations ,
Regulatory Reform ,
Title VII ,
Trump Administration
On August 28, 2020, the U.S. Department of the Treasury issued guidance for employers with respect to the deferral of the employee portion of certain payroll taxes. This guidance stems from a presidential memorandum issued...more
On August 8, 2020, the president signed several executive memoranda and an order addressing the continued economic havoc of the COVID-19 pandemic, two of which are of direct interest to employers....more
8/11/2020
/ Coronavirus/COVID-19 ,
Eviction ,
Executive Orders ,
Infectious Diseases ,
Moratorium ,
Payroll Taxes ,
Relief Measures ,
Social Security ,
Student Loans ,
Tax Deferral ,
Trump Administration ,
Unemployment Benefits
A new executive order directs federal agencies to focus their efforts on regulatory barriers to economic recovery. Specifically, the May 19, 2020 order directs agencies to respond to the COVID-19 pandemic public health...more
On May 12, 2020, the Democratic leadership of the U.S. House of Representatives unveiled its opening bid in the next round of COVID-19 response legislation. ...more
5/14/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Financial Stimulus ,
Legislative Agendas ,
Paycheck Protection Program (PPP) ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Trump Administration
After giving employers a day off from addressing new information concerning the federal Families First Coronavirus Response Act (FFCRA), which took effect April 1 and requires private employers with 499 or fewer employees,...more
4/3/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
New Legislation ,
Quarantine ,
Relief Measures ,
School Closures ,
Shelter-In-Place ,
Sick Leave ,
Sick Pay ,
Tax Credits ,
Trump Administration
On March 28, 2020, the U.S. Department of Labor (DOL) released its third batch of Q&As (#38-59) concerning the federal Families First Coronavirus Response Act (FFCRA). Effective April 1, 2020, the FFCRA will require private...more
3/31/2020
/ Coronavirus/COVID-19 ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
New Legislation ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Tax Credits ,
Trump Administration
On March 26, the U.S. Department of Labor (DOL) released additional FAQs that further explain employer and employee rights and responsibilities under the federal Families First Coronavirus Response Act (FFCRA)....more
3/30/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
New Legislation ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Tax Credits ,
Trump Administration
On March 16, 2020, the U.S. House of Representatives unveiled legislation revisiting the sweeping COVID-19 response bill it passed only days earlier. While ostensibly styled as “corrections” to the prior legislation, this...more
On March 18, 2020, the U.S. Senate approved House-passed legislation responding to the COVID-19 pandemic. The bill will now be sent to the president, who is expected to sign it into law. Of direct interest to the business...more
After the recent resignation of Alex Acosta, President Trump has announced his intent to nominate Eugene Scalia—son of the late U.S. Supreme Court Justice Antonin Scalia—as Secretary of the Department of Labor (DOL). The...more
On July 9, 2018, President Trump nominated Judge Brett M. Kavanaugh to potentially fill the impending U.S. Supreme Court vacancy created by Justice Anthony Kennedy’s retirement, which takes effect on July 31, 2018. Judge...more
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
The Department of Labor has issue a proposed rule providing direction for sole proprietors and businesses to set up Association Health Plans (AHPs). This rulemaking stems from President Trump’s October 12, 2017 Executive...more
1/5/2018
/ Association Health Plans ,
Comment Period ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Executive Orders ,
Health Insurance ,
Healthcare Reform ,
Proposed Rules ,
Rulemaking Process ,
Trump Administration
The first significant piece of legislation to make it to President Trump's desk, the Tax Cuts and Jobs Act (H.R. 1), includes an employer tax credit for providing paid family and medical leave, elimination of a business...more
12/21/2017
/ Affordable Care Act ,
Compensation & Benefits ,
Corporate Taxes ,
Executive Compensation ,
Fringe Benefits ,
Income Taxes ,
Individual Mandate ,
Legislative Agendas ,
Non-Disclosure Agreement ,
Paid Leave ,
Pending Legislation ,
Sexual Harassment ,
Tax Deductions ,
Tax Rates ,
Tax Reform ,
Trump Administration
The Trump administration's Unified Agenda of Regulatory and Deregulatory Actions ("regulatory agenda"), released on December 14, 2017, indicates agencies are taking a hard look at existing rules, and treading lightly with new...more
12/18/2017
/ Apprenticeships ,
Buy America ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Hiring & Firing ,
Immigration Procedures ,
Immigration Reform ,
OSHA ,
Regulatory Oversight ,
Regulatory Reform ,
Regulatory Standards ,
Trump Administration ,
Wage and Hour ,
Wellness Programs
Buried in the massive Tax Cuts and Jobs Act (H.R. 1), the tax overhaul legislation the Senate approved on December 2, 2017, is a section providing a tax credit to employers that provide their employees with paid family and...more
12/6/2017
/ Business Expenses ,
Legislative Agendas ,
Non-Disclosure Agreement ,
Paid Leave ,
Proposed Legislation ,
Settlement ,
Sexual Harassment ,
Tax Credits ,
Tax Deductions ,
Tax Rates ,
Tax Reform ,
Trump Administration
Buried in the massive Tax Cuts and Jobs Act (H.R. 1), the tax overhaul legislation the Senate approved on December 2, 2017, is a section providing a tax credit to employers that provide their employees with paid family and...more
12/5/2017
/ Corporate Counsel ,
Legislative Agendas ,
Non-Disclosure Agreement ,
Paid Leave ,
Proposed Legislation ,
Sexual Harassment ,
Tax Credits ,
Tax Deductions ,
Tax Rates ,
Tax Reform ,
Trump Administration
As the Thanksgiving holiday approached, Republican lawmakers in both chambers of Congress made progress toward their singular legislative priority to enact comprehensive tax reform. Facing uncertainty in the 2018 midterm...more
11/28/2017
/ 401k ,
Affordable Care Act ,
Department of Labor (DOL) ,
EEO-1 ,
Electronic Reporting ,
Employee Benefits ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Flexible Work Arrangements ,
Income Taxes ,
Legislative Agendas ,
OSHA ,
Paid Time Off (PTO) ,
Presidential Appointments ,
Proposed Legislation ,
Section 409A ,
Tax Deductions ,
Tax Rates ,
Tax Reform ,
Trump Administration ,
Wage and Hour ,
Workplace Injury
Labor Secretary Alexander Acosta fielded a range of questions on the DOL's priorities during a November 15 hearing before the House Committee on Education and the Workforce. Although members of the Committee inquired about...more
11/16/2017
/ Apprenticeships ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Fiduciary Rule ,
Health Insurance ,
Investment Management ,
OSHA ,
Over-Time ,
Request For Information ,
Secretary of Labor ,
Silica ,
Toxic Exposure ,
Trump Administration ,
White-Collar Exemptions ,
Workplace Safety